Following the Sept. 11, 2001 attacks on the US, the US Congress promptly passed victim compensation legislation to address the social, political, and economic needs of the nation. One consequence of Congress’s expeditious provision of a compensation fund was that important policy decisions regarding victim compensation were made without much public participation or careful debate and in the context of the federal government’s effort to save the airline industry.
The fund that was established to supplant traditional tort actions was administered by a special master who was given wide discretion in determining the administrative procedures and compensation awards. Whatever the success of the 9/11 Fund, few argue that an after-the-fact scheme is the best way to address the important issues related to compensating victims of terrorism.
At the same time, the compensation funding scheme has gained some traction as a policy option for compensating victims of mass torts. Variations on the funding scheme were established after the 2007 I-35T Minnesota bridge collapse, the 2007 Virginia Tech shooting, and the 2010 BP oil spill in the Gulf of Mexico.
This project addresses questions of how and to what extent to provide compensation for victims of terrorism—whether through the generosity of charitable organizations, a publicly-funded compensation scheme, private insurance, tort suits, or some combination. In the case of programmatic funding schemes like the 9/11 Fund, experts are analyzing the best administrative models for allocating and distributing funds.
Victim Compensation Events
Compensating Victims of Terrorism Workshop
On Oct. 15-16, 2010, INSCT convened a workshop with experts to discuss what should be the principal components of future national efforts to compensate the victims of terrorist attacks.
- Peter Bell
- Deborah Greenspan
- Betsy Grey
- Stephan Landsman
- Don Migliori
- Marshall Shapo
- Peter Szendro
Key 9/11 Fund Documents
- Legislation establishing the fund: Air Transportation Safety and System Stabilization Act (Sept. 22, 2001)
- The Final Rule providing the regulations for implementing the fund: September 11th Victim Compensation Fund of 2011 Final Rule (March 13, 2002)
- TheFinal Report of the Special Master for the September 11th Victim Compensation Fund of 2001 (Vol. 1)
- Legislation reopening the Fund to victims suffering long-term health effects from the collapse of the World Trade Towers: James Zadroga 9/11 Health and Compensation Act of 2010
9/11 Litigation: Aviation Security and Anti-Terrorism from the Victim’s Perspective
Sept. 29, 2011 | Don Migliori, Motley Rice
Don Migliori is a multifaceted litigator. He represents victims of terrorism, aviation disasters, environmental contamination, defective medical devices and drugs, and occupational diseases in cutting-edge litigation that spans the country. As co-leader of Motley Rice’s aviation team, Don has represented terrorism victims through extensive discovery, mediations and settlements of 9/11 aviation liability and damages by the families of the victims of September 11, 2001. He is also a lead attorney of the 9/11 Families United to Bankrupt Terrorism groundbreaking litigation designed to bankrupt the financiers of al Qaeda.
9/11 from the Inside: Compensating the Victims
Nov. 3, 2008 | Edie Lutnick, Cantor Fitzgerald Relief Fund
On Sept. 11th, 2001, Cantor Fitzgerald lost more employees than any other company. Among them was the brother of CEO Howard Lutnick. Lutnick vowed to take care of the victims’ families and asked his sister, Edie Lutnick, to help. The Cantor Fitzgerald Relief Fund was established on Sept. 14, 2001 to provide financial assistance to the families of the 658 Cantor Fitzgerald employees who died on 9/11.
Since its establishment, Cantor Fitzgerald and the Cantor Fitzgerald Relief Fund have raised approximately $175 million dollars in financial support for the families and loved ones of the 658 victims. The Fund assists more than 800 families and 950 children from 12 companies.
An unpaid executive with the Cantor Fitzgerald Relief Fund, Edie Lutnick is a former labor law attorney whose law firm, Lutnick & Swomley, was also housed at the World Trade Center. A strong advocate for the victims’ families and loved ones, Edie Lutnick also coordinates an annual memorial service.
Pan Am 103: Lessons Since Lockerbie
23 Oct., 2008 | Moderator William C. Banks, INSCT Director
- Jonathan Deinst: “Pan Am 103 Victims’ Families and the Media: A case study in how to use the press as an ally to effect change”
- James Kreindler: “Private Lawyers Handing what is Ordinarily a Government Function”
- Bob Monetti: “Organizing and Lobbying for Airline Security”
- Steve Perles: “Changes in the Legal Framework: FSIA and the Flatow Amendment”
- Mark Zaid: “Current Trends in the Law: FSIA and ATA Litigation”
The collective efforts of those affected by the bombing of Pan Am 103 drastically changed the way our nation handles victim compensation. It should be well understood that seeking compensation is not about recouping financial loss, but about the larger issues of accountability and how to prevent a tragedy from happening again. This is clearly demonstrated by the passion and commitment of those who worked for change in the aftermath of the tragedy.
Following the instinctive cry after any terrorist attack—‘”Somebody has to do something about this”—the usual somebody and the something changed after the Pan Am 103 attack.
Terrorism would no longer be a matter just between perpetrators and the governments that tracked and prosecuted them. It became a matter between victims’ families and the perpetrators. It became a matter between the victims’ families and the terrorists’ state-sponsors, charting new territory for citizen participation in foreign affairs. At the same time, the families and their advocates re-shaped airline security. The lessons learned in tort litigation, foreign relations, government regulation, and media coverage are all part of the legacy of the Lockerbie Tragedy.
- Pan Am 103 20th Anniversary Committee
- The Institute for the Study of the Judiciary, Politics and the Media
- The Moynihan Institute of Global Affairs
- The Campbell Public Affairs Institute
- The Student Association on Terrorism and Security Analysis (SATSA)
Litigation Against Terrorists & their Sponsors
Victims of terrorism often have additional legal remedies in litigation against terrorists and their state and private supporters. A brief overview of this legal landscape and the policy issues that arise is provided below. The bombing of Pan Am Flight 103 in 1988, the attack on the World Trade Center in 1993, and numerous attacks on US citizens abroad convinced Congress that existing civil remedies were inadequate for compensating victims of international terrorism.
Lockerbie Air Disaster Archives
The Syracuse University established these special archives in 1990 to bring together in one place materials regarding the Lockerbie Air Disaster, to make these materials available for research, and to provide a place to memorialize SU students whose lives were lost and where families can donate materials by or about them.
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