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  1. #1
    MembersZone Subscriber MalahatTwo7's Avatar
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    Default Uss Cole - Revisited

    Families Of USS Cole Victims Seek To Reopen Lawsuit

    POSTED: 1:52 pm EST February 4, 2008
    UPDATED: 2:00 pm EST February 4, 2008


    NORFOLK, Va. -- Family members of the 17 sailors killed in the attack on the USS Cole in Yemen want to use a new federal law to reopen their lawsuit seeking more than $100 million in damages from Sudan.

    A federal judge found last July that Sudan provided training and logistics that allowed al-Qaida terrorists to bomb the Norfolk-based Navy destroyer on Oct. 12, 2000.

    However, while U.S. District Judge Robert G. Doumar ordered Sudan to pay about $8 million for lost wages and earnings potential, he said he was prohibited by law from awarding the families money for pain and suffering.


    Lawyers for the families filed court papers last week asking Doumar to reopen the case. They cited the Justice for Victims of State-Sponsored Terrorism Act, signed by President George W. Bush on Jan. 28, which allows terrorism victims to seek punitive damages for pain, suffering and emotional distress.

    It provides relief for certain older terrorism-related cases, such as the one involving the Cole, as well as new cases. But it prohibits suits involving Iraq.

    "We are well within our rights to go back to Judge Doumar," lawyer Mary Jane Hall said.

    Sudan did not fight the case at trial, and officials at the country's embassy in Washington have refused to comment on the suit.

    The families' attorneys are attempting to get the $8 million from U.S. banks that hold $60 million in Sudanese assets, but the banks argue that the U.S. government has frozen the assets, Hall said.

    Of the 59 family members who sued, 24 spouses, children and parents of unmarried sailors were awarded amounts ranging from $104,000 to $781,000. If Doumar grants the request to reopen the case, all 59 could be eligible for payment.

    Lorrie Triplett, whose 31-year-old husband, Andrew, was killed, said she hopes Doumar will rule without a new trial.

    "I wasn't prepared to go through this all over again," said Triplett, of Suffolk, who testified at a two-day trial last year. "It was an emotional day."

    Copyright 2008 by The Associated Press.


    I wish them luck and hope for this, although I am not sure how it will go.


  2. #2
    Forum Member MassFireGuy's Avatar
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    I stood watch on the Cole several times when she came back to Pascagoula after the attack. They let a majority of the crew go after she came in piggy backed,so they had us from the ships across the river stand watch. No one who never served on a ship and never been on the Cole after the attack could imagine what those cowards did. And I don't think any of us that were not her crew, could ever understand what they went through that day to save that ship. I think the families of those who died deserve more than what we could ever give. They were truely the first casualties of the war tha wages today. God bless all of our soldiers, sailors, and marines.

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    MembersZone Subscriber MalahatTwo7's Avatar
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    I only ever saw photos of the damage, but having served on destroyers and frigates over the past 20 years or so..... I agree with you Massfire, the families deserve the very best, as do the crew who served.

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    Seems to me they deserve as much as the people who died on 9/11.
    PROUD, HONORED AND HUMBLED RECIPIENT OF THE PURPLE HYDRANT AWARD - 10/2007.

  5. #5
    Forum Member DennisTheMenace's Avatar
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    Quote Originally Posted by GeorgeWendtCFI View Post
    Seems to me they deserve as much as the people who died on 9/11.
    It is my understanding that the families of active duty folks who died on 9/11 were not privileged to the "9/11 Fund" money. Not sure if this is true. If they got money from the fund, the families of those lost on the USS Cole should too, as well as those from the Marine Barracks bombing, the Kobar Tower bombing, and the sailor killed in '85 on the TWA Hijacking. I feel bad for all the families who lost loved ones on 9/11, there are many of my friends, but the fund set a bad precedent in my mind too.
    Be for Peace, but don't be for the Enemy!
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    Learn from the mistakes of others; you won't live long enough to make them all yourself.

    Quote Originally Posted by nyckftbl View Post
    LOL....dont you people have anything else to do besides b*tch about our b*tching?

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    I forget if anyone got awarded damages from May,1987 when an Iraqi fighter sent two Exocets(anti shipping missiles)into USS Stark (FFG31)which also an act of war,but most of us in my ship thought that if we weren't going to shoot back at them,then someone was owed a huge amount of money.
    If civilians can recover lost earnings potential,why can't the servicemen and women that go out into risky jobs and earn far less than someone with the same education can make?

  7. #7
    Forum Member MassFireGuy's Avatar
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    Quote Originally Posted by doughesson View Post
    I forget if anyone got awarded damages from May,1987 when an Iraqi fighter sent two Exocets(anti shipping missiles)into USS Stark (FFG31)which also an act of war,but most of us in my ship thought that if we weren't going to shoot back at them,then someone was owed a huge amount of money.
    If civilians can recover lost earnings potential,why can't the servicemen and women that go out into risky jobs and earn far less than someone with the same education can make?

    My BMC was on that ship back then. Well he might have been BM3 then. He name was Meadors. Not sure if you knew him. Anyways, the other poster was right, the military families do not get the same payout as 9/11. Do not get me wrong, they all deserve all the money they can get. Nothing can replace any life.

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    Fraid not.I was in USS Mahan from 85-88.We were in the yards at the time and I had a cousin in another Hazard Perry frigate.The OOD sent the messenger to wake me up with news that my cousin's ship had been hit but as soon as I heard the name,I knew Tim was safe at least.
    Back on topicoes anyone know WHY active duty servicemembers are not entitled to Sept 11 funds?Maybe it would be construed as double dipping what with the miltary benefits but their families are going to be out the pay their loved one would have earned had they put their 30 in.

    Quote Originally Posted by MassFireGuy View Post
    My BMC was on that ship back then. Well he might have been BM3 then. He name was Meadors. Not sure if you knew him. Anyways, the other poster was right, the military families do not get the same payout as 9/11. Do not get me wrong, they all deserve all the money they can get. Nothing can replace any life.
    Last edited by doughesson; 02-15-2008 at 12:03 PM.

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