Estate of Carmen E. Crespo v. Democratic People's Republic of Korea

District Court, District of Columbia·Decided July 22, 2026·No. Civil Action No. 2022-1514·Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ESTATE OF CARMEN E. CRESPO, et al.,

Plaintiffs, v. Civil Action No. 22-1514 (CKK) DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA,

Defendant.

MEMORANDUM OPINION (July 22, 2026)

The Plaintiffs in this action allege that the Democratic People’s Republic of Korea

(“DPRK” or “North Korea”) is liable to them for its role in supporting the terrorist attack at Lod

Airport on May 30, 1972. The Plaintiffs caused service on the DPRK through diplomatic channels

in February 2024, and the DPRK is in default. The Plaintiffs now report that they are prepared to

file their motion for default judgment as to liability. Ahead of that submission, the Plaintiffs have

filed a motion asking the Court to resolve several procedural matters. See Pls.’ Mot., Dkt. No. 32.

Upon consideration of the Plaintiffs’ submissions,1 the relevant legal authority, and the entire

record, the Court shall GRANT IN PART and DENY IN PART the Plaintiffs’ [32] Motion. The

Court shall bifurcate liability and damages proceedings, allow the Plaintiffs to propose a Second

Amended Complaint, allow the Plaintiffs to file their liability submissions in phases, and grant

leave to file certain sensitive material under seal. However, the Court will require the Plaintiffs to

take additional steps to establish their authority to represent the estates of deceased claimants.

1 The Court’s consideration has focused on the Plaintiffs’ Motion for Bifurcated Proceedings, Acceptance of Heir Declarations for Puerto Rico Estates, and Leave to File Evidence Under Seal (“Pls.’ Mot”), Dkt. No. 32, and the Amended Complaint filed on September 23, 2025 (“Am. Compl.”), Dkt. No. 31.

1 I. BACKGROUND

The claims in this action arise from the terrorist attack at Lod Airport near Tel Aviv, Israel

on May 30, 1972. Am. Compl. ¶¶ 1, 6. During this attack, three individuals attacked travelers

with machine guns and grenades, killing 26 people and physically injuring 80 others. Id. ¶ 1.

The named Plaintiffs in this case are U.S. citizens who were killed or physically injured

during this attack, their immediate family members, and estates and representatives of named

Plaintiffs who are deceased. Id. ¶¶ 1, 6–179. Most of the Plaintiffs who were present at the attack

at Lod Airport were traveling to Israel from Puerto Rico as religious pilgrims. Id. ¶ 6. Another

was a U.S. citizen working as a teacher in Israel at the time. Id.

The Plaintiffs allege that a terrorist group known as the Japanese Red Army carried out the

attack at Lod Airport with material support from the DPRK. Id. ¶¶ 3, 180–207. Based on this

alleged material support, the Plaintiffs assert claims against the DPRK for extrajudicial killing,

battery, assault, intentional infliction of emotional distress, and loss of solatium. Id. ¶¶ 306–328.

They also seek punitive damages. Id. ¶¶ 329–330.

Because many Plaintiffs were killed in the 1972 attack or have died in the intervening

years, resolving this case will require consideration of multi-generational estate matters and issues

of authority to bring suit on behalf of deceased victims. See id.; Pls.’ Mot. at 2–3.

II. LEGAL STANDARD

This case arises under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C.

§§ 1602–1611, which affords the primary “‘basis for obtaining jurisdiction over a foreign state’ in

United States courts” under a general federal or state cause of action. Mohammadi v. Islamic

Republic of Iran, 782 F.3d 9, 13 (D.C. Cir. 2015) (quoting Argentine Republic v. Amerada Hess

Shipping Corp., 488 U.S. 428, 434 (1989)). Under the FSIA, “a foreign state is presumptively

immune from the jurisdiction of United States courts.” Saudi Arabia v. Nelson, 507 U.S. 349, 355

2 (1993). A federal district court therefore generally cannot exercise subject-matter jurisdiction

unless one of the FSIA’s enumerated exceptions applies. Id. But cf. Exxon Mobil Corp. v.

Corporacion Cimex, S. A. (Cuba), 146 S. Ct. 1909, 1919 (2026) (recognizing that certain types of

claims not at issue here may proceed against a foreign sovereign without satisfying an FSIA

exception). Therefore, in most cases against foreign states, the applicability of an FSIA exception

is a “threshold” jurisdictional issue, and a federal court “must satisfy itself” that an exception

applies before allowing the action to proceed. Verlinden B.V. v. Cent. Bank of Nigeria, 461 U.S.

480, 493 (1983).

The Plaintiffs here rely on the FSIA’s “terrorism exception.” This exception provides that

federal courts may hold a state sponsor of terrorism to be liable for money damages for acts of

torture and extrajudicial killing and the provision of “material support or resources” for such acts,

provided that the claimants establish that their injuries were caused by the acts of “an official,

employee, or agent” of the foreign state acting within the scope of the relevant office, employment,

or agency relationship. 28 U.S.C. § 1605A(a); Han Kim v. Democratic People’s Republic of

Korea, 774 F.3d 1044, 1045 (D.C. Cir. 2014). This exception also requires that “(i) the foreign

country was designated a ‘state sponsor of terrorism at the time [of] the act,’ (ii) the ‘claimant or

the victim was’ a ‘national of the United States’ at that time, and (iii) the ‘claimant has afforded

the foreign state a reasonable opportunity to arbitrate the claim.’” Mohammadi v. Islamic Republic

of Iran, 782 F.3d 9, 14 (D.C. Cir. 2015) (quoting 28 U.S.C. § 1605A(a)(2)). The exercise of

jurisdiction under this provision is mandatory.

“[W]hen the defendant State fails to appear and the plaintiff seeks a default judgment, the

FSIA leaves it to the court to determine precisely how much and what kinds of evidence the

3 plaintiff must provide, requiring only that it be ‘satisfactory to the court.’” Han Kim, 774 F.3d at

1047 (quoting 28 U.S.C. § 1608(e)).

III. ANALYSIS

A. The Court shall bifurcate proceedings on liability and damages into separate phases.

To make the threshold showing that the DPRK is susceptible to suit in federal court under

the FSIA’s terrorism exception, the Plaintiffs must establish that “an official, employee, or agent”

of the DPRK provided “material support or resources” for the acts of torture and extrajudicial

killing giving rise to their claims. 28 U.S.C. § 1605A(a). This threshold issue overlaps

substantially with the ultimate issue of whether the DPRK is liable for the personal injuries and

deaths at the center of this case. This issue is also common to all Plaintiffs in this action. Unlike

damages calculations, it does not require individualized determination for each Plaintiff.

In the interest of efficiently resolving the threshold issues that are common to all parties,

the Plaintiffs propose to bifurcate proceedings on liability and damages into separate phases. Pls.’

Mot. at 2–3.

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