Estate of Zouhair El Halabi v. Islamic Republic of Iran

CourtDistrict Court, District of Columbia
DecidedNovember 7, 2025
DocketCivil Action No. 2022-3190
StatusPublished

This text of Estate of Zouhair El Halabi v. Islamic Republic of Iran (Estate of Zouhair El Halabi v. Islamic Republic of Iran) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Zouhair El Halabi v. Islamic Republic of Iran, (D.D.C. 2025).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ESTATE OF ZOUHAIR EL HALABI, et al., Plaintiffs,

v. Case No. 22-cv-3190 (CRC)

THE ISLAMIC REPUBLIC OF IRAN, et al., Defendants.

MEMORANDUM OPINION

In 1983 and 1984, Hezbollah bombed U.S. diplomatic facilities in Beirut, Lebanon, with

the support of Iran. The attacks killed and injured several hundred people. Among them were

three individuals whose estates and family members make up the twenty-eight plaintiffs in this

case.

The Court previously found Defendants, the Islamic Republic of Iran (“Iran”) and the

Iranian Ministry of Information and Security (“MOIS”), liable for these bombings and appointed

three special masters to assess findings of damages for this attack. Now before the Court is

Plaintiffs’ motion to adopt the special masters’ Reports and Recommendations and for entry of

final default judgment against Iran and the MOIS, as well as their motion for leave to file a

second amended complaint. For the foregoing reasons, the Court will adopt in part the special

masters’ recommendations as to damages and will enter final default judgment for Plaintiffs.

However, the Court will deny the motion for leave to amend the complaint. I. Background

In the spring of 1983, a man drove a vehicle full of explosives into the entrance of the

U.S. Embassy in Beirut, Lebanon. Corr. Am. Compl. (“CAC”), ECF No. 37-1 ¶ 74. The ensuing

blast killed 63 people and injured more than 100. Id. ¶ 75. The following year, a station wagon

full of explosives was driven into a temporary embassy facility and exploded, killing at least

eleven people and injuring over fifty. Id. ¶ 81.

Plaintiffs 1 Najem Hassan and Hassan Makki worked at the embassy and were injured in

the first blast in 1983. Report and Recommendation of the Special Master Regarding the Makki

Family (“Makki Rep.”), ECF No. 50-1 at 4; Report & Recommendations of the Special Master

Regarding the Hassan Family (“Hassan Rep.”), ECF No. 49 at 2. Mr. Makki was also injured in

the second blast, along with fellow embassy employee, Plaintiff Zouhair El Halabi. Report &

Recommendation of the Special Master Regarding Compensatory Damages for the El Halabi

Family Plaintiffs (“El Halabi Rep.”), ECF No. 51 at 3; Makki Rep. at 4. As a result of these

attacks, Plaintiffs and their families suffered both physical and emotional injuries. See CAC ¶¶

2–9, 31–42, 44–45, 52–54; see also Makki Rep. at 4–9; Hassan Rep. at 2–17; El Halabi Rep. at

3–11.

Plaintiffs allege that Hezbollah, the Lebanese Shi’a militia group, committed these two

attacks. CAC ¶¶ 71, 77, 84. They further allege that the attacks were financed and logistically

supported by Defendants. CAC ¶¶ 77, 82, 84.

Plaintiffs filed suit against Iran and MOIS in October 2022. Compl, ECF No. 1 ¶ 1; id. at

24. They served both Defendants, who failed to respond. ECF No. 17; ECF No. 19. The Clerk

1 For ease of reading, the Court will refer to the direct victims as “Plaintiffs” even though they are deceased and their estates as proceeding as representative plaintiffs in the case.

2 of the Court then entered default, ECF No. 20, and Plaintiffs moved for default judgments as to

liability under the FSIA, ECF No. 21. In August 2024, the Court issued an opinion finding

jurisdiction and holding Iran and MOIS liable for the 1983 and 1984 attacks. Mem. Op., ECF

No. 47 at 8. The Court proceeded to adopt Plaintiffs’ administrative plan for the case and

appoint three special masters to assess the appropriate damages to be awarded to Plaintiffs. ECF

No. 46 at 1. Now before the Court is Plaintiffs’ motion to adopt the damages findings of the

special masters as to the El Halabi, Hassan, and Makki estates and families and enter final

default judgment as to these Plaintiffs. Also before the Court is Plaintiffs’ motion in the

alternative for leave to file a Second Amended Complaint.

II. Legal Standards

The Court will set out the appropriate legal standards for Plaintiffs’ motions in the

relevant portions of its analysis.

III. Analysis

Because the Court previously established that it has subject matter jurisdiction,

determined that the Plaintiffs have causes of action, and found Defendants liable for the two

attacks at issue, the Court assesses Plaintiffs’ claims for damages only, as well as the El Halabi

plaintiffs’ motion for leave to amend the complaint.

A. El Halabi’s Motion for Leave to Amend the Complaint

The Court begins with an issue affecting only one Plaintiff, Zouhair El Halabi, and his

family: whether the family’s claims include a claim for wrongful death. In their Motion to Adopt

the Reports and Recommendations, Plaintiffs request damages for El Halabi’s death, which they

claim occurred as a result of his bombing-related injuries. Pl.’s Mot., ECF No. 54 at 2.

However, as Plaintiffs note, the CAC “did not include a claim for wrongful death[.]” Id.

3 Accordingly, the Court previously found Iran and MOIS liable for El Halabi’s injuries, but not

his death. Mem. Op., ECF No. 47 at 7–8. Because the claim for wrongful death is not included

in the complaint and the Court did not find Iran liable for wrongful death, it denies the request

for damages stemming from El Halabi’s death.

As a fall back, Plaintiffs move for leave to file a second amended complaint containing

the wrongful death allegations. Pl.’s Mot., ECF No. 54 at 2. Under Federal Rule of Civil

Procedure 15(a)(2), leave to amend “should be freely given in the absence of undue delay, bad

faith, undue prejudice to the opposing party, repeated failure to cure deficiencies, or futility.”

Richardson v. United States, 193 F.3d 545, 548–49 (D.C. Cir. 1999).

The Court will deny Plaintiffs’ motion to amend on futility grounds because the Court is

unconvinced that the bombing was a proximate cause of El Halabi’s death. To succeed in

bringing a wrongful death claim, Plaintiffs must show that “(1) Iran's actions were a substantial

factor in the sequence of events that led to [El Halabi’s death]; and (2) the [death] was

reasonably foreseeable or anticipated as a natural consequence of Iran's actions.” Est. of

Fakhoury v. Islamic Republic of Iran, No. 21-cv-1218, 2024 WL 4771467, at *10 (D.D.C. Nov.

13, 2024) (internal quotation marks omitted) (citing Owens v. Republic of Sudan, 864 F.3d, 751,

794 (D.C. Cir. 2017)). As a result of the bombing, El Halabi suffered partial deafness. El Halabi

Rep. at 3. He died two years later in a car crash, brought on because, allegedly, “he could not

hear the car honking” while crossing the street. Id. at 5. It appears that none of El Halabi’s

relatives were present and that their account of the accident is secondhand. Id. Plaintiffs can

show that Iran’s actions were a substantial factor leading to the embassy bombings. See Mem.

Op., ECF No. 47 at 4. But it is not a natural consequence of a terrorist bombing that El Halabi

4 would have been killed years later in a car crash—a crash where the driver saw El Halabi and

still hit him. See El Halabi Rep. at 5.

Plaintiffs cite to Sheikh v. Republic of Sudan, 485 F. Supp. 3d 255, 269 (D.D.C. 2020),

and Opati v. Republic of Sudan, 60 F. Supp. 3d 68, 78 (D.D.C.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Richardson, Roy Dale v. United States
193 F.3d 545 (D.C. Circuit, 1999)
Hill v. Republic of Iraq
328 F.3d 680 (D.C. Circuit, 2003)
Peterson v. Islamic Republic of Iran
515 F. Supp. 2d 25 (District of Columbia, 2007)
Larijani v. Georgetown University
791 A.2d 41 (District of Columbia Court of Appeals, 2002)
Belkin v. Islamic Republic of Iran
667 F. Supp. 2d 8 (District of Columbia, 2009)
Valore v. Islamic Republic of Iran
700 F. Supp. 2d 52 (District of Columbia, 2010)
Wultz v. Islamic Republic of Iran
864 F. Supp. 2d 24 (District of Columbia, 2012)
Estate of John Doe v. Islamic Republic of Iran
808 F. Supp. 2d 1 (District of Columbia, 2011)
Opati v. Republic of Sudan
60 F. Supp. 3d 68 (District of Columbia, 2014)
Wamai v. Republic of Sudan
60 F. Supp. 3d 84 (District of Columbia, 2014)
Roth v. Islamic Republic of Iran
78 F. Supp. 3d 379 (District of Columbia, 2015)
Nasrin Mohammadi v. Islamic Republic of Iran
782 F.3d 9 (D.C. Circuit, 2015)
Thuneibat v. Syrian Arab Republic
167 F. Supp. 3d 22 (District of Columbia, 2016)
Islar v. Whole Foods Markets Group, Inc.
217 F. Supp. 3d 261 (District of Columbia, 2016)
Braun v. Islamic Republic of Iran
228 F. Supp. 3d 64 (District of Columbia, 2017)
Cohen v. Islamic Republic of Iran
238 F. Supp. 3d 71 (District of Columbia, 2017)
Cohen v. Islamic Republic of Iran
268 F. Supp. 3d 19 (District of Columbia, 2017)
James Owens v. Republic of Sudan
864 F.3d 751 (D.C. Circuit, 2017)
Republic of Sudan, Ministry of External Affairs v. James Owens
194 A.3d 38 (District of Columbia Court of Appeals, 2018)
James Owens v. Republic of Sudan
924 F.3d 1256 (D.C. Circuit, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
Estate of Zouhair El Halabi v. Islamic Republic of Iran, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-zouhair-el-halabi-v-islamic-republic-of-iran-dcd-2025.