Henkin v. Islamic Republic of Iran

• Court: District Court, District of Columbia
• Decided: July 12, 2021
• Docket: Civil Action No. 2018-1273
• Status: Published

Opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

JUDAH HERZEL HENKIN, et al., Plaintiffs,

y Case No. 1:18-cv-1273-RCL

ISLAMIC REPUBLIC OF IRAN, et al.,

Defendants.

FINDING OF LIABILITY For the reasons set forth in the Findings of Fact and Conclusions of Law and the supporting Memorandum Opinion issued this date, the Court hereby GRANTS IN PART and DENIES IN PART the Plaintiffs’ Motion for Default Judgment. Specifically, the Court holds as follows:

1. As to Count I, Defendants Iran and Syria are LIABLE to all Plaintiffs under 28 U.S.C. § 1605A(c), jointly and severally, for the extreme mental anguish, physical injury, pain and suffering, loss of solatium, and loss of affection Plaintiffs suffered as a result of the attack. After consultation with counsel, the Court shall subsequently appoint a Special Master to submit a report and recommendation on the amount of Plaintiffs’ compensatory and/or punitive damages arising from this claim,

2. As to Count II, to the extent Plaintiffs assert Count II under the laws of either the District of Columbia or California, Defendants Iran and Syria are NOT LIABLE. To the extent Plaintiffs assert Count II under § 1605A(c), Count I] merges with Count I, because Count I’s § 1605A(c) action already allows recovery for loss of solatium as a measure of

recovery. 3. As to Count III, to the extent Plaintiffs assert Count IJ under the laws of the District of Columbia, Defendants Iran and Syria are NOT LIABLE. To the extent Plaintiffs assert Count II] under § 1605A(c), Count III merges with Count I, because Count I’s § 1605A(c)

action already allows recovery for intentionally inflicted emotional distress either as a

cause of action or as a measure of recovery. 4. As to Count IV, Count IV merges with Count I, because the Plaintiffs’ victory as to Count I

already permits them to recover the full amount of punitive damages permitted by law.

It is SO ORDERED.

ge SIGNED this § ~ day of July, 2021. <\Gyee Cc. Louvltte

Royce C, Lamberth United States District Judge