How to counter appeals court’s ruling against insurance claims
By Harut Sassounian, Publisher, The
The federal Court of Appeals issued a shocking decision last week. In a unanimous ruling, it struck down a
Acknowledging its reliance on the “rarely invoked doctrine” of “field preemption,” the Court judged the state law to be unconstitutional, claiming that it intruded into the federal government’s foreign policy prerogative.
In 2003, Armenian plaintiffs filed a class-action lawsuit in
I believe the
1) The Court took the unusual position that the State law constituted an intrusion into the federal government’s foreign policy domain, even in the absence of any conflict between the two. In fact, the State of California and the federal government are in agreement on the genocide issue, since the House of Representatives recognized the Armenian Genocide in 1975 and 1984, Pres. Reagan acknowledged it in a Presidential Proclamation in 1981, and most importantly, the U.S. Justice Department cited the Armenian case as an example of genocide in an official report submitted to the World Court in 1951.
3) The Court could have severed the reference to genocide from the
Armenians should not be discouraged and not give up the struggle for their legitimate rights, despite this temporary legal setback. Here are some possible steps that could be taken to remedy the situation:
1) File an appeal to the U.S. Supreme Court, even though the High Court hears only a very small percentage of the cases submitted to it.
2) Ask the
3) Lobby the U.S. Congress to pass similar legislation allowing lawsuits against delinquent insurance companies.
4) Launch a new Armenian political initiative at the federal level, seeking the establishment of a “Presidential Advisory Commission on Armenian Genocide Assets,” similar to the existing commission on the Holocaust, which would use
5) Embark on a worldwide campaign to protest and boycott German insurance companies that refuse to live up to their financial and moral obligations. Stage demonstrations in front of German companies’ offices in different countries until they realize that they would lose more business by ignoring the Armenian claims than paying the amounts owed to heirs of life insurance beneficiaries. Furthermore, Armenians must demand that
Clearly, the pursuit of Armenian demands is more of a marathon than a sprint! Armenians must persist in their struggle and overcome all obstacles until their long overdue quest for justice is realized.Հետևեք մեզ նաև Telegram-ում