Lee v. Iran

District Court, District of Columbia·Decided May 23, 2025·No. Civil Action No. 2019-0830·Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

)

WILLIAM LEE, et al., )

)

Plaintiffs, )

)

v. ) Case No. 19-cv-830 (APM)

)

ISLAMIC REPUBLIC OF IRAN, )

)

Defendant. )

_________________________________________ )

MEMORANDUM OPINION

I.

This Memorandum Opinion addresses the recommended liability findings and damages awards for 14 Plaintiffs contained in Special Master Jim Letten’s Second Report and Recommendations submitted to the court, ECF No. 137. The court adopts the Special Master’s recommendations, finding Iran liable for Plaintiffs’ injuries and awarding the recommended damages.

II.

This case involves 99 attacks and is brought by over 352 Plaintiffs, consisting of military servicemembers and contractors, their estates, and their family members, who seek relief for the personal injuries of surviving victims, the deaths of victims who were killed, and the intentional infliction of severe emotional distress endured by the families of those injured or killed. Lee v. Islamic Republic of Iran, 656 F. Supp. 3d 11, 21 (D.D.C. 2023) (“Lee II”). This court has now found Defendant Islamic Republic of Iran (“Iran”) liable under the Foreign Sovereign Immunities Act (“FSIA”) for four “bellwether” attacks, which involve the claims of 20 Plaintiffs, Lee v. Islamic Republic of Iran, 518 F. Supp. 3d 475, 479 (D.D.C. 2021) (“Lee I”), and the injuries of

surviving Plaintiffs and Plaintiff-estates arising from 27 non-bellwether attacks, Lee II, 656 F. Supp. 3d at 21, 56–57. In Lee II, the court did not, however, make findings as to Iran’s liability for the claims of family-member Plaintiffs due to the absence of proof satisfying the threshold requirements that an FSIA plaintiff have a qualifying relationship to the victim, Roth v. Islamic Republic of Iran, 78 F. Supp. 3d 379, 400 (D.D.C. 2015), and that they be a national of the United States at the time of the attack, 28 U.S.C. § 1605A(c)(1). Lee II, 656 F. Supp. 3d at 57. The court also has not yet determined liability or damages resulting from the remaining 68 attacks. Id. at 21.

On July 5, 2023, the court appointed two additional Special Masters, Jim Letten, Esq. and Franklin D. Rosenblatt, Esq. to take evidence and file reports and recommendations regarding the claims of the 51 Plaintiffs covered by the Lee II decision. Order Appointing Two Additional Special Masters, ECF No. 86, at 1. The court instructed that the Special Masters “will be guided in reviewing and evaluating damages claims by cases brought under the Terrorism Exception to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1605A, including Estate of Heiser v. Islamic Republic of Iran, 466 F. Supp. 2d 229, 269, 318 (D.D.C. 2006), and Valore v. Islamic Republic of Iran, 700 F. Supp. 2d 52, 85 (D.D.C. 2010).” Id. at 4.

Before the court is Special Master Jim Letten’s Second Report and Recommendations Regarding Damages for 14 Plaintiffs Identified in the Court’s January 30, 2023, Order, ECF No. 137 [hereinafter Report]. This opinion addresses the outstanding liability issues as to 13 of these 14 Plaintiffs, who are family members of wounded or deceased soldiers and who bring solatium claims, and damages as to all 14 Plaintiffs, including the estate of a deceased soldier.

III.

A. Solatium Claims 1. Liability

“Solatium claims under the FSIA are functionally identical to claims for intentional infliction of emotional distress.” Moradi v. Islamic Republic of Iran, 77 F. Supp. 3d 57, 72 (D.D.C. 2015). “They are intended to compensate persons for mental anguish, bereavement, and grief that those with a close personal relationship to a decedent experience, as well as the harm caused by the loss of the decedent’s society and comfort.” Id. (cleaned up). “Such claims are also available to compensate along similar lines those related to persons merely injured, rather than killed, in a terrorist attack.” Id.

Under the FSIA, “United States nationals or their legal representatives have standing to bring a cause of action for damages including solatium where personal injury or death results from state sponsored terrorism.” Flatow v. Islamic Republic of Iran, 999 F. Supp. 1, 29 (D.D.C. 1998) (citing 28 U.S.C. § 1605A(c)). While solatium “began as a remedy for the loss of a spouse or a parent,” “[i]t has since expanded to include the loss of a child, including in some states the loss of an emancipated or adult child.” Id. at 29. “Where the claim is based upon the loss of a sibling, the claimant must prove a close emotional relationship with the decedent.” Id. at 30.

As noted, in Lee II, the court deferred finding Iran liable for the claims of family-member Plaintiffs due to the absence of proof satisfying two of the FSIA’s threshold requirements for solatium claims. Lee II, 656 F. Supp. 3d at 57 (finding that family-member Plaintiffs failed to satisfy the FSIA’s nationality and “immediate family” requirements). The Report addresses those deficiencies. With respect to nationality, the Report cites each Plaintiff’s birth certificate or passport and sworn declaration to conclude that each is a United States citizen—and was at the

time of the relevant attack. See Report at 6 n.5, 12 n.51, 18 n.122, 22 n.177, 26 n.223, 29 n.264, 34 n.305, 35 n.325, 37 n.348, 40 n.370, 45 n.405, 49 n.455, 51 n.484. The court thus finds that each of the 13 family-member Plaintiffs is a United States national and was at the time of the relevant attacks.

Each family-member Plaintiff also must have a qualifying relationship with the victim to receive solatium damages arising from their injury or death. The court therefore reviews the Report to determine whether this second requirement is met.

a. Sergeant Nicholas Gene Koulchar Sgt. Koulchar was wounded in an attack on August 26, 2008, in Sadr City, Iraq. 1 The court previously found Iran liable for this attack. Lee II, 656 F. Supp. 3d at 35.

Michael Koulchar. Michael is Sgt. Koulchar’s younger brother and only sibling.

Sgt. Koulchar “always looked out for him,” and the brothers stayed in touch during Sgt. Koulchar’s deployment. Report at 6. The brothers’ roles “flipped” after the attack. Id. at 9. It wasn’t until Michael arrived at the hospital and saw his brother in a medically induced coma, with both of his legs amputated, that Michael became aware of the severity of his brother’s injuries. Seeing his brother in that condition was “shocking and painful” for Michael, “rendering him in disbelief.” Id. at 8. Michael agreed “without hesitation” to serve as his brother’s non-medical attendant for more than 2.5 years, a full-time responsibility that ultimately led him to drop out of school and break up with his girlfriend of two years. Id. After Sgt. Koulchar was discharged from the hospital, Michael continued to help care for him and lived with him until approximately 2013. Id. at 9. Seeing his

1 A member of Sgt. Koulchar’s unit was killed in the attack. See Pls.’ Second Proposed Findings of Fact & Conclusions of Law, ECF No. 53, Ex. B, ECF No. 53-2, at 168–73; accord Report at 4 n.4. Accordingly, the court has jurisdiction over claims seeking money damages for personal injuries caused by this attack. See Borochov v. Islamic Republic of Iran, 94 F.4th 1053, 1060–62 (D.C. Cir. 2024) (holding that the FSIA’s terrorism exception, 28 U.S.C. § 1605A, does not apply to cases in which “the perpetrator did not kill anyone in the attack that injured the [plaintiffs]”).

big brother struggle was very difficult for Michael, as “Nick was the strongest person he knew,” and his brother’s injuries changed “the entire trajectory” of Michael’s life. Id. The court thus finds that Michael Koulchar is Sgt. Koulchar’s sibling, with whom he shared a close relationship. As a qualifying relative, Michael is entitled to recover solatium damages arising from Sgt. Koulchar’s injuries.

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