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Recent Court Ruling Against Genocide Victims Rights Discussed

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  • Recent Court Ruling Against Genocide Victims Rights Discussed

    Armenian National Committee - Western Region
    104 North Belmont, Suite 200
    Glendale, California 91206
    Telephone: (818) 500-1918
    Facsimile: (818) 246-7353

    PRESS RELEASE

    For Immediate Release
    September 24, 2009
    Contact: Haig Hovsepian
    Tel: (818) 500-1918

    RECENT COURT RULING AGAINST GENOCIDE VICTIMS RIGHTS DISCUSSED AT GLENDALE
    FORUM

    AYF, Shant Student Association, and Armenian Bar Association join ANC for
    Town Hall Event

    GLENDALE, CA --- Nearly 200 community members including young professionals,
    attorneys, and students gathered at Saint Mary Armenian Church's community
    hall in downtown Glendale. The public briefing addressed the implications
    of the recent 9th Circuit Court of Appeals decision regarding California's
    Armenian Genocide Life Insurance Recovery law. The educational event was
    organized by the Armenian National Committee Western Region (ANC-WR) Legal
    Research Team, in collaboration with the Armenian Bar Association (ABA),
    Armenian Youth Federation USA-Western Region (AYF-WR), and the ARF Shant
    Student Association.

    "There are currently several major developments impacting the Armenian
    nation at every level - locally, nationally and internationally. The 9th
    Circuit Court of Appeals recent ruling is no different," remarked Raffi
    Kassabian, an attorney and head of the ANC-WR's Legal Research Team.
    "Locally, it directly impacts the genocide heir who is seeking the recovery
    of insurance proceeds in a California court; nationally, it impacts our
    Diaspora living in the United States who is seeking its Federal Government
    to properly recognize the Armenian Genocide; and internationally, it impacts
    every genocide and holocaust survivor living around the world by
    establishing a dangerous and chilling precedent to prohibit survivors from
    seeking reparations under a court of law."

    Panelists included Mark Geragos, one of three attorneys representing
    Genocide victims' heirs, Armenian National Committee of America (ANCA)
    National Board member Seto Boyadjian, ABA Board Member Armen Hovannisian, as
    well as attorney and community activist Steve Dadaian. Harut Sassounian,
    publisher of the California Courier, moderated the event. The speakers
    provided background and fielded questions from the audience regarding the
    case and what is being done by the plaintiffs as well as community
    organizations such as the ANCA and the ABA to challenge the ruling.

    "Those who attended tonight's event were able to get an in-depth look into
    this issue provided by an exceptional panel of attorneys. With their years
    of litigation experience, they were able educate the audience about the
    Movsesian case and its impact on the Armenian community," commented Saro
    Kerkonian,Chairman of the ABA's Armenian Rights Watch committee. "This
    event demonstrated how our community canjoin together to meet the legal
    challenges that face us."

    On August 20, heirs claiming life insurance entitlements from Armenian
    Genocide era policies were denied the right to sue insurance carriers for
    their long withheld benefits. A three judge panel of the Appellate Court
    struck down the underlying statute, California Code of Civil Procedure
    Section 345.5 which allows for redress through the California Courts, on
    Federal Preemption grounds. The majority reasoned that the mere use of the
    phrase "Armenian Genocide" conflicts with United States foreign policy
    objectives.

    Attorneys for the heirs disagree and are appealing the decision citing no
    express foreign policy against the Armenian Genocide or use of the phrase.
    Various groups including the Armenian Bar Association, the Armenian National
    Committee of America, the Zoryan Institute, and the International
    Association of Genocide Scholars have filed an Amici Curaie brief, also
    known as a "friend of the court" brief, in favor of the appeal. The State
    of California through its Attorney General Edmund G. Brown, Jr. has also
    submitted an Amicus Curaie brief emphasizing the State's long standing
    interest and right to regulate insurance carriers within its borders.

    "As an Armenian-American law student, I think it's important to stay in
    touch with Armenian issues, particularly legal ones," said Nayiri Keosseian,
    a first year student at UC Berkeley's Boalt Hall School of Law who noted
    that the discussion covered issues covered in the classroom. "I was not
    very familiar with the particulars of the case and its litigation so, I
    found it very interesting and informative."

    The Armenian National Committee - Western Region is the largest Armenian
    American grassroots community organization in the Western United States.
    Working in coordination with a network of offices, chapters, and supporters
    throughout the Western United States and affiliated organizations around the
    country, the ANC-WR works to promote understanding regarding issues of
    concern to the Armenian American community.
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