Lee v. Islamic Republic of Iran

Summary

The United States District Court for the District of Columbia considers whether Iran is liable under the Foreign Sovereign Immunities Act for materially supporting 17 attacks against U.S. servicemembers and contractors in Iraq between 2004 and 2008. The court addresses service of process, default-judgment standards, expert testimony, Iran’s support for Hezbollah and Iraqi proxy groups, and the characteristics of explosively formed penetrators. Based on the evidence, the court finds Iran responsible for the attacks and liable for the plaintiffs’ injuries.

Holdings

1. The court had subject-matter jurisdiction under the FSIA terrorism exception, 28 U.S.C. § 1605A(a)(1), because the claims sought money damages for personal injury or death caused by extrajudicial killings and Iran's material support for those killings, Iran was a designated state sponsor of terrorism, and the other statutory prerequisites were satisfied.
2. The killings in the 17 attacks constituted extrajudicial killings because they were completed, deliberated killings not authorized by a judgment of a regularly constituted court or lawfully carried out under the authority of a foreign nation.
3. The court had personal jurisdiction over Iran because subject-matter jurisdiction existed and plaintiffs properly served Iran through diplomatic channels under 28 U.S.C. § 1608(a)(4).
4. Iran was liable under 28 U.S.C. § 1605A(c) for the injuries and deaths of the surviving injured victims and deceased victims whose estates asserted claims.
5. The court did not make a final determination on the immediate family-member plaintiffs' § 1605A(c) claims because those plaintiffs had not offered allegations or evidence establishing that they were U.S. nationals.

Questions Presented

1. Whether the FSIA terrorism exception supplied subject-matter jurisdiction over claims arising from the 17 attacks.
2. Whether plaintiffs properly served Iran under 28 U.S.C. § 1608 and thereby established personal jurisdiction.
3. Whether Iran's provision of material support through its officials and agents proximately caused plaintiffs' injuries and deaths.
4. Whether plaintiffs established entitlement to relief under 28 U.S.C. § 1605A(c).
5. Whether immediate family-member plaintiffs established the U.S.-nationality requirement for recovery under § 1605A(c).

Disposition

other