Ben Haim v. Islamic Republic of Iran
2012 U.S. Dist. LEXIS 158048
| D.D.C. | 2012Background
- Plaintiffs filed a Notice of Post Judgment Service under 28 U.S.C. § 1608 against Iran and MOIS after default judgment.
- Court previously questioned authority on whether post-judgment mail service satisfies FSIA requirements.
- Plaintiffs argued mail service was effectuated when a package was signed for and then rejected or outright rejected.
- Defendants did not physically open or acknowledge the packages in the manner that Flatow requires, challenging adequacy of service.
- Court concluded service by mail under § 1608(a)(3) is ineffective here and ordered diplomatic-channel service under § 1608(a)(4) for Iran and MOIS; noted State Department fee burden on victims.
- Ultimately, the Court Ordered that no later than November 30, 2012, plaintiffs attempt post-judgment service on Iran and MOIS through diplomatic channels under § 1608(a)(4).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is mail service under §1608(a)(3) adequate for Iran? | Ben Haim contends service was effectuated. | Iran rejected the service package; no contumacious conduct shown. | Not adequate; proceed to §1608(a)(4). |
| Is mail service under §1608(a)(3) adequate for MOIS? | MOIS rejected the service package. | No contumacious conduct; not adequate. | Not adequate; proceed to §1608(a)(4). |
| Should the court require diplomatic-channel service under §1608(a)(4)? | Courts should permit alternative methods if feasible. | FSIA requires diplomatic channels for foreign entities when initial methods fail. | Court orders post-judgment service via diplomatic channels by a deadline. |
Key Cases Cited
- Ben-Rafael v. Islamic Republic of Iran, 540 F. Supp. 2d 39 (D.D.C. 2008) (FSIA service procedures; priority of methods)
- Flatow v. Islamic Republic of Iran, 999 F. Supp. 1 (D.D.C. 1998) (service by mail with contumacious conduct; rationale not applied here)
- Murphy v. Islamic Republic of Iran, 778 F. Supp. 2d 70 (D.D.C. 2011) (post-judgment service via diplomatic channels required)
- In re Islamic Republic of Iran Terrorism Litig., 659 F. Supp. 2d 31 (D.D.C. 2009) (context on FSIA notice and enforcement)