In re Islamic Republic of Iran Terrorism Lit.
Decision Date | 30 September 2009 |
Docket Number | Civil Action No. 01-CV-2684.,Civil Action No. 06-CV-473.,Civil Action No. 06-CV-750.,Civil Action No. 06-CV-516.,Civil Action No. 07-CV-1302.,Civil Action No. 06-CV-596.,Civil Action No. 06-CV-1116.,Civil Action No. 08-CV-1615.,Civil Action No. 01-CV-2094.,Civil Action No. 08-CV-520.,Civil Action No. 08-CV-1273.,Civil Action No. 06-CV-690.,Civil Action No. 08-CV-1814.,Civil Action No. 03-CV-1486.,Civil Action No. 08 CV-1807.,Civil Action No. 03-CV-1959.,Civil Action No. 08-CV-531.,Civil Action No. 05-CV-2124.,Civil Action No. 03-CV-1708.,Civil Action No. 02-CV-1811. |
Parties | In re ISLAMIC REPUBLIC OF IRAN TERRORISM LITIGATION. |
Court | U.S. District Court — District of Columbia |
Allen Louis Rothenberg, Philadelphia, PA, Anthony J. Laspada, Tampa, FL, David J. Cook, Cook Collection Attorneys, P.L.C., San Francisco, CA, Ferris Ridgely Bond, Bond & Norman, Robert Peter Feeney, Robert P. Feeney, Esquire, Gaithersburg, MD, Jane Carol Norman, Bond & Norman, PLLC, Kay M. Clarke, Clower & Clarke, Thomas Fortune Fay, Fay Law, PA, Washington, DC, Joseph Peter Drennan, Joseph Peter Drennan, Attorney-at-Law, Alexandria, VA, for Plaintiff.
Rupa Bhattacharyya, Eric R. Womack, Heather R. Phillips, Jacqueline E. Coleman Snead, Varudhini Chilakamarri, U.S. Department of Justice, Francis A. Vasquez, Jr., White & Case LLP, James H. Hulme, Arent Fox LLP, Griffith L. Green, Sidley Austin, LLP, Paul Joseph Lambert, Bingham McCutchen, LLP, Hwan Kim, Alan I. Raylesberg, Jay R. Henneberry, Alex Young K. Oh, Sidley Austin LLP, Bradford A. Berenson, Washington, DC, Jared R. Clark, Joshua Dorchak, Bingham McCutchen LLP, Karl H. Buch, Robert W. Littleton, New York, NY, for Interested Party.
For more than a decade now, this Court has presided over what has been a twisting and turning course of litigation against the Islamic Republic of Iran under the state sponsor of terrorism exception of the Foreign Sovereign Immunities Act (FSIA). Despite the best intentions of Congress and moral statements of support from the Executive Branch, the stark reality is that the plaintiffs in these actions face continuous road blocks and setbacks in what has been an increasingly futile exercise to hold Iran accountable for unspeakable acts of terrorist violence.1
The cases against Iran that will be addressed by the Court today involve more than one thousand individual plaintiffs. Like countless others before them, the plaintiffs in these actions have demonstrated through competent evidence—including the testimony of several prominent experts in the field of national security—that Iran has provided material support to terrorist organizations, like Hezbollah and Hamas, that have orchestrated unconscionable acts of violence that have killed or injured hundreds of Americans. As a result of these civil actions, Iran faces more than nine billion dollars in liability in the form of court judgments for money damages. Despite plaintiffs' best efforts to execute these court judgments, virtually all have gone unsatisfied.
This consolidated opinion focuses on recent legislative changes in this extraordinary area of the law, as implemented by Congress last term in § 1083 of the 2008 National Defense Appropriations Act for Fiscal Year 2008 (2008 NDAA). See Pub.L. No. 110-181, § 1083, 122 Stat. 3, 338-44. Section 1083 completely repeals the original state sponsor of terrorism exception—28 U.S.C. § 1605(a)(7)—which was originally enacted in 1996, and enacts in its place a new exception—28 U.S.C. § 1605A—that is in many ways more favorable to plaintiffs. This new statute provides, among other reforms, a new federal cause of action against state sponsors of terrorism and allows for awards of punitive damages in these cases. Even more significantly, however, the reforms implemented through § 1083 last year add a number of measures that are intended to help plaintiffs succeed in enforcing court judgments against state...
To continue reading
Request your trial-
Estate of Hirshfeld v. Islamic Republic of Iran, Civil Action No. 15-1082 (CKK)
...to define the elements and scope of these theories of recovery. Oveissi , 879 F.Supp.2d at 54 (quoting In re Islamic Republic of Iran Terrorism Litig. , 659 F.Supp.2d 31, 61 (D.D.C. 2009) ). Roth , 78 F.Supp.3d at 399. The plaintiffs in this action bring claims under 28 U.S.C. Section 1605A......
-
Wultz v. Islamic Republic of Iran
...foreign state or political subdivision’ rather than an ‘agency or instrumentality of the nation.’ ” In re Islamic Republic of Iran Terrorism Litig., 659 F.Supp.2d 31, 48 n. 10 (D.D.C.2009) (quoting Roeder v. Islamic Republic of Iran, 333 F.3d 228, 234 (D.C.Cir.2003)). “Under the categorical......
-
Peterson v. Islamic Republic Of Iran
...their actions under the new § 1605A terrorism exception and cannot take advantage of new § 1610(g). See In re Islamic Republic of Iran Terrorism Litig., 659 F.Supp.2d 31, 67 (D.D.C.2009). The 2008 changes do not impact this case because plaintiffs rely entirely on § 1605(a)(7). 3 This pract......
-
Estate of Heiser v. Islamic Republic of Iran
...therefore exempt from attachment or execution by virtue of the federal government's sovereign immunity.” In re Islamic Republic of Terrorism Litig., 659 F.Supp.2d 31, 53 (D.D.C.2009) (citing Dep't of the Army v. Blue Fox, Inc., 525 U.S. 255, 119 S.Ct. 687, 142 L.Ed.2d 718 (1999)). Victims o......
-
Released Claims Against Non-U.S. Sovereign Not Revived By Subsequent Expansion Of Plaintiff's Statutory Rights
...ways more favorable to plaintiffs". Relying on the District Court's decision in In re Islamic Republic of Iran Terrorism Litigation, 659 F. Supp. 2d 31 (D.D.C. 2009), the District Court recognized that Section 1605A created a new federal cause of action against state sponsors of terrorism; ......
-
Insurers Entitled To Judgment On Default Against Syria For International Act Of Terrorism Under New U.S. Statute
...under the "belts-and-suspenders" approach endorsed by Chif Judge Lamberth in In re: Islamic Republic of Iran Terrorism Litigation, 659 F.Supp. 2d 31 (D.D.C. 2009) (discussed here). The Court also applied the law on what evidence must be shown to secure a judgment in the face of the defendan......
-
Court Refuses To Permit Plaintiffs To Pursue The 'New' Cause Of Action under Section 1605A Of The FSIA
...barred by res judicata. The Court distinguished Chief Judge Lamberth's opinion in In re Islamic Republic of Iran Terrorism Litigation, 659 F. Supp. 2d 31 (D.D.C. 2009), which held that Section 1605A, having created a new cause of action, was not susceptible to a res judicata analysis. In im......
-
Human Rights After Kiobel: Choice of Law and the Rise of Transnational Tort Litigation
...of Heiser v. Islamic Republic of Iran, 659 F. Supp. 2d 20, 23-24 (D.D.C. 2009); In re Islamic Republic of Iran Terrorism Litigation, 659 F. Supp. 2d 31, 58-60 (D.D.C. 2009); Gates v. Syrian Arab Republic, 580 F. Supp. 2d 53, 65 (D.D.C. 2008), aff'd, 646 F.3d 1 (D.C. Cir. 2011). Some plainti......
-
Rubin v. Islamic Republic of Iran: the Supreme Court's Textually Veiled Decision to Give State Terror Sponsors Immunity
...sponsorship of a school bombing that took the life of plaintiff's daughter); see also In re Islamic Republic of Terrorism Litig., 659 F. Supp. 2d 31, 53 (D.D.C. 2009) (citing Dep't of the Army v. Blue Fox, Inc., 525 U.S. 255 (1999)) (explaining that victim-plaintiffs attempting to seize gov......