McKesson Corporation v. Iran, the Islamic Re

935 F. Supp. 2d 34, 2013 U.S. Dist. LEXIS 43266
District Court, District of Columbia·Decided March 27, 2013·No. Civil Action No. 1982-0220·Published·Cited by 2 cases

Opinion

MEMORANDUM OPINION

RICHARD J. LEON, District Judge.

The Court welcomes the opportunity to conclude this protracted litigation, which has resulted in two lengthy bench trials and a dozen Circuit and District Court opinions on dispositive issues. 1 After al *38 most thirty years, the end of this “Sisyphean labor” is finally in sight. McKesson Corp. v. Islamic Republic of Iran, 672 F.3d 1066, 1072 (D.C.Cir.2012) (‘McKesson VI”).

BACKGROUND

. In 1982, plaintiffs McKesson Corporation, et. ah, (“McKesson” or plaintiffs) sued defendants Islamic Republic of Iran, et. ah, (“Iran” or defendants), claiming that, after the Iranian Revolution, Iran expropriated McKesson’s equity interest in an Iranian dairy and withheld McKesson’s dividend payments. On November 19, 2010, this Court entered judgment in favor of McKesson, awarding $43,980,205.58 in damages and compound prejudgment interest. McKesson 2010, 752 F.Supp.2d at 14. Iran appealed.

On February 29, 2012, McKesson prevailed over Iran when our Circuit affirmed that “(1) the act of state doctrine does not preclude adjudication' of this case; (2) McKesson has a private right of action against Iran under the Treaty of Amity as construed under Iranian law; and (3) Iran is liable for the expropriation of McKesson’s interest in [Pak Djairy and the withholding of McKesson’s dividends.” McKesson Corp. v. Islamic Republic of Iran, 672 F.3d 1066, 1072 (D.C.Cir.2012) (‘McKesson VI”). This Court’s award of compound interest was, however, reversed, and the action remanded “for the calculation of an award based on the value of McKesson’s expropriated equity interest and withheld dividends, plus simple interest calculated at 9 percent from August 12, 1981 to the present day.” Id.

Now before the Court is plaintiffs’ Motion for Entry of Final Judgment awarding: (1) damages for expropriated equity and dividends, including simple prejudgment interest; and (2) attorneys’ fees and expenses. [Dkts. ## 961, 969]. The Court GRANTS in part and DENIES in part plaintiffs’ Motion for Entry of Final Judgement.

ANALYSIS

I. Damages and Prejudgment Interest

Pursuant to our Circuit Court’s directive, see McKesson VI, 672 F.3d at 1072, plaintiffs request $7,619,205.29 in damages for expropriated equity and dividends plus prejudgment simple interest cálculated at 9 percent from August 12, 1981 to the date of entry of final judgment, Pis.’ Corrected Mot., Aug. 3, 2012, pp. 1-2 [Dkt. # 969]. Using the online simple interest calculator relied upon by the parties in their joint stipulation on July 23, 2012, [Dkt. # 959], to calculate prejudgment simple interest from August 12, 1981 to the present day,' March 27, 2013, the Court calculates the appropriate amount of interest to be $21,699,079.18. Thus, the Court now enters final judgment for the plaintiffs, for damages and prejudgment interest, in the amount of $29,318,284.47.

II. Attorneys’ Fees

Plaintiffs also seek a total of $11,144,550.00 in compensation for attorneys’ fees and expenses they already paid to Morgan, Lewis & Bockius LLP (“Morgan Lewis”) and Winston & Strawn LLP (“Winston & Strawn”) for work performed between July 2000 and June 30, 2012. See *39 Pis.’ Reply, Aug. 22, 2012, p. 2 [Dkt. # 976]. This amount is comprised of attorneys’ fees actually incurred and paid by McKesson 2 during the relevant period, as well as an enhancement 3 to compensate for delay in recovery. Id. at 10, 18-20; Pis.’ Reply Ex. 13 (“Summary of McKesson’s Revised Fee Claim”).

Predictably, defendants oppose plaintiffs’ request for attorneys’ fees, expenses, and enhancement. Iran’s Opp’n to Pis.’ Mot. for Entry of Final J. (“Defs.’ Opp’n”), Aug. 14, 2012, pp. 4-20 [Dkt. # 973]. For the following reasons, I disagree with the defendants and will award all three.

A. McKesson’s Entitlement to Recover Attorneys’ Fees

Plaintiffs argue that Iranian law authorizes the Court to award attorneys’ fees and expenses to McKesson as the prevailing party on a Treaty of Amity (“Treaty”) claim as construed under Iranian law. Pis.’ Corrected Mem. 4-5 [Dkt. # 970]; Pis.’ Reply 4-7. Defendants dispute that Iranian law permits this Court to award McKesson the attorneys’ fees and expenses that it requests. Defs.’ Opp’n 4-8. Plaintiffs are correct.

Because our Circuit held that Iran is liable to McKesson for expropriated equity and dividends under the Treaty as construed under Iranian law, the issue of whether attorneys’ fees may be. awarded to McKesson is also governed by Iranian law. McKesson VI, 672 F.3d at 1072; see Mem. Op., Nov. 30, 2000, p. 4 [Dkt. #548] (“[W]here claims are governed by the law of a foreign state, courts have applied the law of that state to determine whether to award fees to the prevailing party.”). Both of the experts who testified in the trial before the Court agreed that Iranian law permits recovery of attorneys’ fees and litigation expenses. Indeed, Iran’s own expert, Dr. Sanaei, conceded that a prevailing party “could seek reimbursement of litigation costs including attorney fees.” Legal Op. of Dr. M.E. Sanaei (“Sanaei Op.”), May 14, 2010, p. 14 [Dkt. # 927-2], English Translation; see also id. at 8 (“... [T]he Treaty sufficiently provides McKesson with a cause of action and the remedy thereto. Furthermore, McKesson’s sole remedy in this Case is the value of its property and interest and attorney fees.”).

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McKesson Corporation v. Iran, the Islamic Re, 935 F. Supp. 2d 34, 2013 U.S. Dist. LEXIS 43266 (D.D.C. 2013).

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