United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued September 21, 2021 Decided January 4, 2022 No. 20-7077 JOSHUA ATCHLEY, ET AL., APPELLANTS v. ASTRAZENECA UK LIMITED, ET AL., APPELLEES Appeal from the United States District Court for the District of Columbia (No. 1:17-cv-02136) Joshua D. Branson argued the cause for appellants. With him on the briefs were David C. Frederick and Andrew E. Goldsmith. Michael J. Miller and Stephen I. Vladeck were on the brief for amici curiae Law Professors in support of appellants. Jeffrey R. White was on the brief for amicus curiae The American Association for Justice in support of appellants. Tejinder Singh was on the brief for amici curiae 44 Former Military Officers, Intelligence Officials, and Analysts in support of appellants. 2 Michael A. Petrino and Jonathan E. Missner were on the brief for amici curiae Eight United States Senators in support of appellants. Mazin A. Sbaiti was on the brief for amicus curiae Iraq Anti-Corruption Experts in support of appellants. Kannon K. Shanmugam argued the cause for appellees. With him on the brief were Neil H. MacBride, Paul S. Mishkin, Beth S. Brinkmann, John E. Hall, David M. Zionts, Patrick J. Carome, David W. Bowker, Leon T. Kenworthy, John B. Bellinger, III, John David Cella, Robert Reeves Anderson, Lisa S. Blatt, Christopher N. Manning, Melissa B. Collins, Brian T. Gilmore, Jeh C. Johnson, Stacie M. Fahsel, and Jessica S. Carey. Alex Young K. Oh entered an appearance. Tara S. Morrissey, Paul Lettow, Andrew J. Pincus, Robert W. Hamburg, and James C. Stansel were on the brief for amici curiae The Chamber of Commerce of the United States of America and the Pharmaceutical Research and Manufacturers of America in support of appellees. Michael J. Edney and Mark C. Savignac were on the brief for amici curiae Iraq Reconstruction Experts, et al. in support of appellees. Timothy P. Harkness, Linda H. Martin, Kimberly H. Zelnick, David Y. Livshiz, Scott A. Eisman, Altin H. Sila, Nathan A. Hembree, and Noelle L. Williams were on the brief for amici curiae Charity & Security Network and InterAction: The American Council for Voluntary International Action, Inc. in support of appellees. 3 Before: PILLARD and WILKINS, Circuit Judges, and EDWARDS, Senior Circuit Judge. Opinion for the Court filed by Circuit Judge PILLARD. PILLARD, Circuit Judge: The known terrorist group Jaysh al-Mahdi injured or killed hundreds of United States service members and civilians as part of its years-long campaign to harm Americans and drive the United States’ military presence out of Iraq. Plaintiffs are victims of those attacks and the victims’ family members. In the period leading up to and during the attacks on plaintiffs, Jaysh al-Mahdi openly controlled Iraq’s Ministry of Health (Ministry) and used it as a vehicle for terrorist activity. “Due largely to its 2005-era control of the Ministry,” plaintiffs contend, “Jaysh al-Mahdi became the deadliest terrorist group in the country. It massacred thousands of people, including Plaintiffs and their family members.” Appellants Br. 2. Plaintiffs claim …
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