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.