SHARIAsource

Family members of an American citizen killed in a suicide bombing attack in Israel sued Iran and its Ministry of Intelligence and Security for her wrongful death, alleging that Iran financially supported Hamas, which took responsibility for the bombing at the time of the attack. Iran did not file an answer to the charges. Invoking the Foreign Sovereign Immunities Act exception for state-sponsored terrorism (allowing sovereign states that financially sponsor terrorism to be sued), the Court entered judgment in favor of the plaintiff, awarding $9,879,023 to the victim’s husband for both economic and emotional loss of his wife. The Court awarded an additional $5,000,000 to each of the victim’s parents for emotional loss.

An unmarried African-American Muslim worker sued the defendant, Del Monte Sales Company, under Title VII and §1981 for discrimination based on race, sex, marital status, and religion, as well as for libel, slander, and infliction of emotional distress. The plaintiff argued that he was not hired for a job with the defendant due to his race and religion, alleging that his interviewer made derogatory and discriminatory remarks to this effect. The defendant argued that it did not hire the plaintiff because he was not outgoing or pleasant, which are necessary traits for a job as a salesman. The Court affirmed the decision of the U.S. District Court for the District of Nebraska, which had granted the defendant’s motion to dismiss (noting a lack of evidence offered by the plaintiff).

The plaintiffs were survivors, family members, and representatives of the estates of the American victims of the bombing of the U.S. Marine barracks in Beirut in 1983. The plaintiffs sued Iran, utilizing an exception to the Foreign Sovereign Immunities Act (FSIA) that allows the prosecution of foreign states that sponsor terrorism for assault, battery, intentional infliction of emotional distress, and wrongful death. The plaintiffs pointed to the financial ties between Hezbollah (who allegedly orchestrated the attack) and Iran when arguing that Iran should be held liable. Iran did not file an answer to this claim. The court entered judgment in favor of the plaintiffs, awarding $1 billion in punitive damages.

The plaintiff , an American citizen whose wife was killed in a suicide bombing in Israel, sued Iran under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (FSIA) (allowing suit against sovereign states that financially sponsor terrorism), for intentional infliction of emotional distress and economic loss due to wrongful death of his wife in a suicide bomber’s attack in Israel. The plaintiff argued that Iran and its Ministry of Information and Security should be held financially liable, as there were financial ties between the group that claimed responsibility for the attack, the Palestinian Islamic Jihad, and Iran. Iran failed to make an appearance or file an answer. The Court entered judgment in favor of the plaintiff, awarding him $10,380,568 for emotional and economic loss.

Additional commentary. The FSIA, 28 U.S.C.A. §1605(a) is the terrorism exception to FSIA and what plaintiffs depend on to get jurisdiction over Iran. §1605(a)(1) stays that “A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act if such act or provision of material support or resources is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency.” While there is no direct connection to Islamic law, there is a dispute that centers around whether Iran -- an Islamic constitutional state -- sponsors military operations conceived of as jihad under the guise of Islamic law.

The sister of an American serviceman killed during the 1983 bombing in Beirut, allegedly by Hezbollah, sued Iran and its Ministry of Intelligence and Security, seeking compensatory damages for intentional infliction of emotional distress and punitive damages following her brother’s wrongful death. Invoking the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (allowing sovereign states that financially sponsor terrorism to be sued), she alleged that Iran should be liable for providing financial support to Hezbollah. Iran did not file an answer to the charge. The Court entered judgment in the plaintiff’s favor, granting $2,500,000 in compensatory damages, while noting that punitive damages were not allowed against a foreign state.

Injured survivors of a suicide bombing attack in Israel, allegedly by Hamas, and the family members of the deceased, sued Iran, its Ministry of Information and Security, and the Iranian Revolutionary Guard for compensatory damages for assault, battery, intentional infliction of emotional distress, loss of prospective income, and solatium (appropriate “when extreme and outrageous conduct has caused grief and anguish to plaintiffs closely related to a victim of terrorism”), as well as punitive damages. They brought suit under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (allowing sovereign states that financially sponsor terrorism to be sued), alleging that Iran should be liable for providing financial support to Hamas. Iran did not file an answer to the charge. The court entered judgment in favor of the plaintiffs, awarding them  compensatory damages in the amount of $111,963,607.87 for physical damages and economic and emotional loss, as well as punitive damages in the amount of $300,000,000 against the Ministry of Intelligence and Security.

The widow of an American serviceman killed during the 1983 bombing in Beirut, allegedly by Hezbollah, brought suit against Iran and its Ministry of Intelligence and Security for compensatory damages for wrongful death, solatium (referring to “the mental anguish, bereavement, and grief that those with a close relationship to the decedent experience as a result of the decedent’s death”), intentional infliction of emotional distress, and punitive damages. She sued under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (allowing sovereign states that financially sponsor terrorism to be sued), alleging that Iran provided financial support to Hezbollah. Iran did not file an answer to the charge. The Court entered judgment in favor of the plaintiff, awarding her $18,297,000 in compensatory damages for economic and emotional loss. The Court noted, however, that it could not award punitive damages against a foreign state.