“The court should disregard the suggestions and speculations of non-parties about how to manage this proceeding,” he wrote. “If the Ashton plaintiffs ever do obtain final, enforceable judgments against the Taliban, the Havlish plaintiffs will be prepared to address the priority of those claims at that time.”
A New York law suggests that even if the other plaintiffs obtain damages judgments and file claims too, the Havlish plaintiffs can argue that because they filed theirs first, they are entitled be paid off first. Their judgment debt is roughly equal to all the assets in the account.
Lawyers for another major Sept. 11 lawsuit that involved a 2006 default liability judgment against the Taliban, known as the Burnett case, are also planning to seek a share of the Afghan central bank proceeds, if those funds are going to be distributed for that purpose, according to a person familiar with that case.
Also on Thursday, Jerry S. Goldman, a lawyer in yet another Sept. 11 lawsuit, known as O’Neill, wrote the court to urge delaying matters until late January. He said the additional time would keep the funds “fully secured” while the Biden administration and the court sort through competing claims.
The O’Neill case, filed in 2004, does not name the Taliban or Afghanistan as defendants. But Mr. Goldman said in an interview that his clients deserved a fair share, too.
“I think everybody needs to be treated equally,” he said, adding, “The funds should go to all of the victims, not a select few.”