 The U.S. 9th Circuit Court of Appeals issued an outrageous judicial opinion last week, ruling that the California law that extended the deadline for Armenian-Americans to sue life insurance companies for unpaid claims from the Genocide-era was unconstitutional.
Furthermore, in a split decision, the Court made a sweeping pronouncement claiming that the State of California had infringed on the foreign affairs power reserved by the Constitution exclusively to the federal government, just because the law in question included a reference to the Armenian Genocide. Two of the three federal judges asserted that Section 354.4 of the California Code of Civil Procedure, adopted by the California Legislature in 2000, contravened the federal government’s policy of not acknowledging the Armenian Genocide.
By adopting this law, the State of California intended to provide its residents and others the opportunity to protect their legal rights by allowing them until December 31, 2010 to file lawsuits against foreign and domestic life insurance companies which had not paid claims dating back to the Genocide era.
On the basis of this law, a class action lawsuit was filed against New York Life Insurance Company which was settled in 2005 for $20 million dollars. A second class action lawsuit was filed against Axa, a French life insurance company. It was settled for $17.5 million.
A third class action lawsuit was filed against Victoria Verisherung AG and two affiliated German insurance companies in 2003. Father Vazken Movsesian, Pastor of St. Peter Armenian Church in Glendale, was the lead plaintiff.
The attorneys for the German companies contested the lawsuit and filed a motion to dismiss. Federal Judge Christina Snyder rejected the defendants’ contention by ruling that Section 354.4 did not infringe on the federal government’s foreign affairs powers. The defendants then filed an appeal claiming that the California Law “conflicts with the Executive Branch’s policy prohibiting legislative recognition” of the Armenian Genocide. They pointed out that the Administrations of Presidents Bush and Clinton had opposed all three Armenian Genocide resolutions submitted to the House of Representatives in 2000, 2003 and 2007.
Last week, the U.S. 9th Circuit Court of Appeals over-ruled Judge Snyder, asserting that the California Law in question “impermissibly infringes” on the jurisdiction of the U.S. government. Two of the three judges of the Appeals Court, David R. Thompson and Dorothy W. Nelson, sided with the German insurance companies. The third judge, Harry Pregerson, sided with the Armenian plaintiffs, contending that the State of California has the right to ensure that its residents are fairly treated by insurance companies. He also asserted that he could not find “any evidence of an express federal policy” forbidding states from using the term “Armenian Genocide.”
This Appeals Court ruling has very serious consequences for the Armenian Cause, far beyond the issue of mere life insurance claims.
It was highly unusual that Judge Dorothy Nelson was absent from the bench when attorneys from both sides were presenting their oral arguments to the Court of Appeal. Given her apparent lack of interest in this case, one wonders if she delegated viewing the videotape of the hearing to her law clerks.
Armenian-Americans should call for the impeachment of Judges Thomson and Nelson for legislating from the bench, falsely claiming that Congress and individual states are “prohibited” from adopting resolutions on the Armenian Genocide, and injecting political views into their judicial opinion. It is incredible that judges who live in Southern California — in the midst of the largest Armenian community in the world — are so ignorant about the most basic facts of the Armenian Genocide.
There are also serious errors in the opinion issued by the two judges on August 20, 2009. For example, on page 11434, they claim that “there is no citation or evidence in the record of these other thirty-nine state statutes which purportedly reference the ‘Armenian Genocide.’” This statement is patently false. On page 19 of the “Answering Brief” filed on April 30, 2008, the plaintiffs’ attorneys provide the following citation: “To date, thirty-nine states have formally recognized the Armenian Genocide by legislation or proclamation. See, Armenian National Committee of America, ‘Genocide Recognition by U.S. States’ Online at .“
Judges Thompson and Nelson, in their eagerness to prove that California contradicted the Executive Branch’s policy on the Armenian Genocide, selectively refer only to the resolutions that had failed to come to a full House vote. The judges do not mention the material fact that in line with California’s statute 354.4, the U.S. House of Representatives twice adopted resolutions on the Armenian Genocide in 1975 and 1984, and Pres. Reagan issued a Presidential Proclamation in 1981, acknowledging the Armenian Genocide.
These judges are also plainly wrong in claiming that the U.S. Congress and individual States had interfered in the formulation of U.S. foreign policy on the Armenian Genocide. The resolutions adopted by 41 U.S. States and hundreds of proclamations issued by governors, mayors, and county supervisors throughout America are commemorative in nature, simply reaffirming the U.S. record on the Armenian Genocide and urging the President of the United States to do likewise. Furthermore, the U.S. government does NOT have a policy of denying the Armenian Genocide.
Interestingly, the Appeals Court judges disclosed that Turkish officials had made a sinister attempt to interfere in their ruling. They stated that Nabi Sensoy, the Turkish Ambassador to the United States, sent them a letter expressing his country’s strong opposition to California statute 354.4, and asking the Court to overturn it. The Turkish Ambassador had sent a similar letter earlier to another Federal Judge, trying to interfere in a lawsuit by Armenian plaintiffs against German banks. Although Judges Thomson and Nelson assert that they ignored the Turkish Ambassador’s angry letter, it must have surely reinforced their own view that California was intruding into Washington’s conduct of foreign policy. It is simply appalling that the Turkish government would try to stick its nose in a lawsuit between Armenian-Americans and German insurance companies even though the plaintiffs in this case neither accuse Turkish officials of any wrongdoing nor make any demands from them. Similarly, the attorneys for the German insurance companies have no business objecting to whether California was infringing upon U.S.-Turkish relations.
The Law offices of Geragos & Geragos; Kabatek, Brown, Kellner LLP; and Yeghiayan Law Firm — the attorneys for the plaintiffs — must have realized by now that this is no longer simply a life insurance issue dealing with the unpaid claims of their clients. This lawsuit has now mushroomed into a case that calls into question the authority of California and 40 other States to acknowledge the Armenian Genocide. Furthermore, it is highly puzzling why the plaintiffs’ attorneys had not invited California’s Attorney General to file a friend of the court brief to defend his State from accusations that it had adopted a statute that ostensibly violated the U.S. Constitution. Hopefully, this serious oversight would be remedied by requesting that the State Attorney General file such a brief when the plaintiffs’ attorneys seek a rehearing of the case “en banc” by a larger panel of the Court of Appeals. Should all appeals fail, however, Armenians could lobby for the adoption of a new California statute that would allow the filing of lawsuits against foreign insurance companies, without the problematic language.
For several years, this writer has been urging the Armenian American community and its political leadership to stop pursuing the adoption of additional congressional resolutions that simply repeat what was already accomplished in 1975 and 1984, and to re-channel their efforts to more productive legal demands from the government of Turkey through U.S. and European courts. It is now clear that the repeated and failed Armenian attempts to pass previously adopted resolutions may not only be wasting valuable time and resources, but could also be detrimental to the pursuit of Armenian legal claims.
Finally, Pres. Obama and several previous Presidents must bear their share of responsibility for this unwelcome judicial development, given the fact that they pledged to acknowledge the Armenian Genocide as candidates and reneged on their promises, once in office. Pres. Obama should be made aware of the serious legal consequences of his breach of trust and asked to make good on his campaign promise.
Armenians and all those who believe in justice should urge the establishment of a U.S. commission — similar to the one for Holocaust victims — to settle all claims of properties and possessions arising from the Armenian Genocide. Even though this would not be an easy task, it would at least be the start of a tangible and meaningful process!
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Armenian-American Lawyers and Leaders Should Counter Ruling of Appeals Court
Comments
7 responses to “Armenian-American Lawyers and Leaders Should Counter Ruling of Appeals Court”
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SHAME ON VICTORIA VERISHERUNG AG and TWO AFFILIATED GERMAN INSURANCE COMPANIES, WHO
TRY TO ROB THE GENOCIDE VICTIMS MONEY!!!
SHAME ON YOU!!!
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SHAME ON YOU!!!
VICTORIA VERSICHERUNG AG, a German corporation;
ERGO VERSICHERUNGSGRUPPE AG, a German corporation,
And
MUNCHENER RUCKVERSICHERUNGSGESELLSCHAFT
AKTIENGESELLSCHAFT AG, a German corporation.
####
THESE CORPORATIONS ARE SHAMELESS, DISHONEST and INHUMAN CORPORATIONS.
SHAME ON YOU!!! -
NOBODY SUSPECT THE FACT OF THE ARMENIAN GENOCIDE, BUT USA HAS ITS OWN INTERESTS.
Please some extracts from the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT:
… Despite the Secretaries’ exhortations, the House Committee
on Foreign Affairs passed a motion to order the bill reported.
H.R. Res. 106, 110th Cong. (as reported by H. Comm. on Foreign
Aff., Oct. 10, 2007). In response, President Bush made
the following statement:
On another issue before Congress, I urge members to
oppose the Armenian genocide resolution now being
considered by the House Foreign Affairs Committee.We all deeply regret the tragic suffering of the
Armenian people that began in 1915. This resolution
is not the right response to these historic mass killings,
and its passage would do great harm to our
relations with a key ally in NATO and in the global
war on terror.…
In their joint letter, the Secretaries underscored the importance
of Turkey’s contributions to the war in Iraq. See Letter
from Condoleeza Rice and Robert Gates to Nancy Pelosi,
supra, at 2. The Secretaries noted that when the French
Assembly voted in favor of a similar bill, the Turkish military
cut off contact with the French military and terminated
defense contracts under negotiation. Id. The Secretaries
warned that “[a] similar reaction by the Government of Turkey
to a House resolution could harm American troops in the
field, constrain our ability to supply our troops in Iraq andAfghanistan, and significantly damage our efforts to promote reconciliation between Armenia and Turkey[.]” Id. In conclusion,
the Secretaries “strongly urge[d] [the Speaker] to refrain
from allowing the resolution to reach the House floor.” etc***
DEMOCRACY, HUMAN RIGHTS, INDIPENDANCE are not actual … It is very sad..
MORALITY, HUMANITY, HONESTY and other VALUES are not dominant in the modern age…and unforthunaely in the USA, which is considered the symbol of freedom and democracy….“THE MOST DIFFICULT THING IS TO REMAIN HUMAN BEEING and DYE AS A HUMAN BEEING”
said Armenian poet!!! -
SONA=ROZA=The RAT,
Hey Rat, can’t have your cake and eat it too!! You state that “nobody suspect the fact of the “Armenian Genocide”, but US has it’s own interest”. What do you base this statement on…Fantasy or just wishful thinking? You’re doing those drugs again, aren’t you? Even the UN states that THERE WAS NO GENOCIDE!!! Read and LEARN…”NO COURT HAS EVER ADJUDICATED THE ARMENIA GENOCIDE ACCUSATION. ARMENIAN AMERICANS OPPOSE TAKING THE QUESTION TO THE INTERNATIONAL COURT OF JUSTICE, THE SOLE NEUTRAL ARBITER ENTRUSTED WITH JURISTICTION TO HEAR ACCUSATIONS OF STATE-SPONSORED GENOCIDE ACCORDING TO ARTICLE IX OF THE UNITED NATIONS GENOCIDE CONVENTION.”.
You talk about monies due victims. Okay, how many millions or even billions of dollars are to be awarded to the victims of the genocides committed by the dashnak Armenians before, during and after WWI, during WWII, and in 1992 in Azerbaijan? Shame on those companies who refuse to pay up to the surviving families! It’s pointless to try and sue Armenia since their economy is one of the worst in the Western hemisphere (they are, however, better off than Haiti and Ethiopia, as well as a few Asian nations)! But to sue Armenia would be like getting blood from a turnip! You cite quotes from the likes of Nazi Pelosi. Okay, then to be fair to everyone everywhere, let’s also cite quotes from Ohanus Appressian, Kevork Donabedian, Dr. Robert John (a historian of Armenian descent), Hovhannes Khatchaznouni, etc, etc, etc. We’ll be more than happy to provide these quotes and so much more at any civil action suit trial, in front of any congressional hearings, on the floor of the UN, wherever! We’ll even bring in the WWII Jewish survivors of the Nazi 812th Battalion to testify of the brutality and mass suffering that they endured by this demonic Battalion! We’ll provide numerous anti-semetic Armenian newspapers and magazines, praising Hitler and his efforts to exterminate the Jews, published in Berlin from 1935-1944! Let’s not forget the survivors of the Kohajaly massacres in Azerbaijan in 1992 by the Armenians! Oh, we have a treasure trove of “goodies” to bring forth at a moments notice! You even have the shameless audacity of using terms like “Humanity”, Honesty”, Morality”, “Democracy” in the last line of your post! What would ANY dashnak Armenian know about these words? They are as foreign to them (you) as little green men from another planet would be to the rest of the world! BTW Rat, when are those archives in Boston and Yerevan ever going to be open to the public? Either debate us in a open public forum with FULL media coverage or stop wasting everyone’s time!
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Hey Harut,
Would you like some cheese with your whine?
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Robert, you are tooooooooooooooo small to treat Mr. SASSOUNIAN!!!
Armenians usually say: “you will eat so much bread and cheese” to grow and address to Mr. SASSOUNIAN with the word “hey” …
I see, you are poorly educated person and you like to use words “rat”, “hey” etc…
FIND YOUR LEVEL!!! Mr. SASSOUNIAN IS TOOOOOOOOOOOOOOO HIGH FOR YOU!!!
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SONA=ROZA=JDA=The RAT,
Because “Mr.” Sassounian is: 1). Too COWARDLY to respond to me or others
2). Nothing more than a hard-core dashnak Armenian propagandist who is
extremely biased (nothing really new there!) and couldn’t be objective if
his life depended on it;
he doesn’t warrant the normal respect that a normal objective individual would command! That’s why he is addressed by his first name by me!! I shall continue to refer to him by his first name and tell him whatever I want to, whenever I want to, however I want to! What are you (RAT) and Harut going to do about it…other than WHINE? You dashnaks are as annoying to me as a piece of gum under my shoe!Does not the word “HEY” have a meaning in the Armenian language? Of course it does! RAT is simply a reference to you since you are all one and the same person, just using a different persona when you post. You are so desperate that you must now make ridiculous comments of my level of education. How does one’s education level relate to their preference of using fitting descriptors in their posts? I believe that it is you who, due to your obvious limited education level, must use transferance as a last resort! This truly makes you a pathetic individual…but then again, this is nothing new, since everyone ALREADY knows this about you! Finally, as for my “level”, rest assurd that my “level” is far superior than you (The RAT) or Harut’s COMBINED!!! If you have such a problem, why don’t you simply leave this site? No one is twisting your arm to be here!
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