258 F. Supp. 3d 77
D.D.C.2017Background
- Plaintiffs Abraham and Rachelle Fraenkel (and six surviving U.S.-citizen children) sued Syria, Iran, and Iran MOIS under the FSIA for the kidnapping and murder of their son Naftali by Hamas operatives.
- Court entered a default judgment after an evidentiary hearing and awarded: $1,000,000 (pain & suffering to estate), $3,100,000 (solatium to U.S. citizen plaintiffs collectively), $1,000,000 (solatium to Abraham), and $50,000,000 (punitive to estate).
- Plaintiffs moved for reconsideration (Rules 52(b), 59(e), 59) arguing damages were insufficient, urged adoption of the Heiser damages scale, and sought itemized individual awards and additional compensation for 18 days Naftali was missing.
- Defendants filed no opposition; the Court treated the judgment as a non-trial final decision (default judgment posture) and analyzed the motion under Rules 52(b) and 59(e).
- The Court declined to adopt Heiser as binding, applied a civil-tort lens to assess damages (requiring plaintiffs to justify amounts by their facts), noted the particular factual context (victim targeted as Israeli, risk inherent in area where attack occurred), and found plaintiffs presented no new evidence or controlling-law change.
- The Court denied the motion but clarified itemized solatium awards to each U.S. citizen plaintiff (spouse/parent amounts $1,000,000; siblings variably $500,000 or $50,000 based on age).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court should amend/alter judgment and increase damages | Fraenkel: awards are insufficient; ask Court to adopt Heiser scale for larger awards | Defendants: (no opposition); Court: default posture requires fact-specific, tort-based justification | Denied — no new evidence or law; not manifest injustice; judgment stands |
| Whether Heiser scale is binding precedent and should control damages | Fraenkel: Heiser is the "gold standard" and mandates higher solatium awards | Court: Heiser persuasive but not binding; damages must align with each plaintiff's proven facts | Held: Court declines to adopt Heiser as mandatory; applies fact-specific analysis |
| Whether damages must be itemized per plaintiff | Fraenkel: Court improperly awarded a collective amount and must assign individual amounts | Defendants: no opposition; Court had chosen a single award to avoid ranking testimony | Held: Court clarifies and issues specific solatium amounts for each U.S. citizen plaintiff |
| Whether plaintiffs are entitled to separate recovery for 18 days Naftali was missing | Fraenkel: seek distinct award for 18-day period of uncertainty/pain | Court: initial awards already accounted for the entirety of each plaintiff's pain and suffering | Held: Denied — court states the awards include the 18-day period |
| Whether factual findings (e.g., description of Nof Ayalon) require correction | Fraenkel: court mischaracterized home village as a "settlement" and misspelled name | Court: explanation provided; factual characterization tied to Green Line status | Held: Denial of reconsideration; Court explains characterization and corrects award details |
Key Cases Cited
- Estate of Heiser v. Islamic Republic of Iran, 466 F. Supp. 2d 299 (D.D.C. 2006) (district court created a standardized solatium scale used in many FSIA terrorism awards)
- Gates v. Syrian Arab Republic, 580 F. Supp. 2d 53 (D.D.C. 2008) (court declined to adopt Heiser and emphasized fact-specific damages analysis)
- Rimkus v. Islamic Republic of Iran, 750 F. Supp. 2d 163 (D.D.C. 2010) (FSIA damages must be tied to plaintiffs’ proven facts under civil tort principles)
- Roeder v. Islamic Republic of Iran, 333 F.3d 228 (D.C. Cir. 2003) (court must ensure plaintiffs establish right to relief even on default judgment)
- Salazar v. Islamic Republic of Iran, 370 F. Supp. 2d 105 (D.D.C. 2005) (applying tort principles and the requirement to prove damages by reasonable estimate)
- Hill v. Republic of Iraq, 328 F.3d 680 (D.C. Cir. 2003) (FSIA damages standard: consequences must be reasonably certain and amount shown by reasonable estimate)