Boim v. Holy Land Foundation for Relief & Development

ROVNER, Circuit Judge,

with whom WILLIAMS, Circuit Judge, joins, concurring in part and dissenting in part.1

At this late stage in the litigation, we are now turning to a fundamental question: Are we going to evaluate claims for terrorism-inflicted injuries using traditional legal standards, or are we going to rewrite tort law on the ground that “terrorism is sui generis ”? Ante at 698. My colleagues in the majority have opted to “relaxf ]” — I would say eliminate — the basic tort requirement that causation be proven, believing that “otherwise there would be a wrong and an injury but no remedy…