Other groups of Sept. 11 plaintiffs cried foul at the prospect that the Havlish group — about 150 people, linked to 47 estates of the nearly 3,000 people killed — was trying to take most of the remaining central bank funds for itself, arguing that the funds should be distributed equally.
As a legal matter, however, the Havlish group appeared better positioned to get paid off first because it had a more developed case — it was the only group that had a judgment in hand — and it was first in line to begin trying to seize the funds. That raised the prospect that the other families might receive nothing if courts ruled that the Afghan bank funds could be used for Taliban debts.
The letter about the framework agreement was filed by Sean P. Carter, a lawyer representing a group of insurance companies. It said the plaintiff groups involved wanted the court to deliver a final judgment in favor of the insurers, which could account for the remainder of the Afghan bank assets Mr. Biden had left behind.
The Havlish group and insurance company plaintiffs would then transfer some of those funds to the other Sept. 11 plaintiff groups — none of whom currently have enforceable damages judgments against the Taliban — to divide among themselves, it said.
The letter to the court did not detail the terms of the potential agreement. But according to Brian Eagleson — a member of the holdout group of plaintiffs, known as the Ashton case — the proposed deal means that the Havlish plaintiffs would keep about $1.75 billion and insurance interests would keep about $500 million.
The remaining roughly $1.25 billion would go to the other victim groups, representing the remaining estates involved in various litigation efforts, he said. If the court approves using the central bank funds for Taliban debts, that could work out to potential eight-figure payouts per estate for the Havlish plaintiffs, compared with potential six-figure payouts per estate for the other groups, depending on how they decide to distribute it.
Mr. Eagleson, whose father was killed in the south tower of the World Trade Center, called that a “terrible and unfair deal.”