Haim v. Islamic Republic of Iran
784 F. Supp. 2d 1
D.D.C.2011Background
- This action arises from the April 9, 1995 Gaza bus bombing that injured Seth Haim, a U.S. citizen living in Israel.
- Plaintiffs are Seth Klein Ben Haim, Bernard Klein Ben Haim, and Lavi Klein Ben Haim; they previously sued Iran and MOIS under the prior state-sponsored terrorism exception.
- In Haim I (2006), the court found Iran and MOIS provided material support to PIJ and awarded compensatory damages but no punitive damages.
- The NDAA of 2008 repealed § 1605(a)(7) and created § 1605A, allowing punitive damages; it also permits retroactive application in limited circumstances.
- Plaintiffs commenced this § 1605A action in 2008 after the NDAA, served Iran and MOIS through diplomatic channels, and obtained a default judgment when there was no responsive pleading.
- The court, relying on findings from Flatow and Haim I, held Iran and MOIS liable under § 1605A and awarded punitive damages of $300 million, with compensatory damages not duplicative of prior awards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction under §1605A for punitive damages | Haim I relief permits retroactive §1605A action | No jurisdiction under new statute for retroactive action | Yes; court has §1605A jurisdiction |
| Sovereign immunity waiver under §1605A | Waiver satisfied (designated sponsor; US victims; no arbitration requirement) | No waiver under the statute | Waiver established; court may hear the case |
| Retroactive application of §1605A to Haim I | NDAA retroactively enables punitive claims | Retroactivity invalid or limited | Retroactive application permitted under NDAA |
| Theory of recovery under §1605A | Prior Haim I theories (battery, assault, IIED) support recovery | Need for new, §1605A-specific theory | Prior theories valid; §1605A liability satisfied |
| Damages – compensatory vs punitive | Compensatory already awarded; seek punitive | Double recovery avoided; punitive only | No additional compensatory relief; punitive damages awarded $300 million |
Key Cases Cited
- Haim v. Islamic Republic of Iran, 425 F. Supp. 2d 56 (D.D.C. 2006) (found Iran/MOIS provided PIJ support and awarded compensatories)
- Flatow v. Islamic Republic of Iran, 999 F. Supp. 1 (D.D.C. 1998) (evidentiary basis in related terrorism case)
- Rimkus v. Islamic Republic of Iran, 750 F. Supp. 2d 163 (D.D.C. 2010) (court may rely on related proceedings for independent findings in default FSIA actions)
- Valore v. Islamic Republic of Iran, 700 F. Supp. 2d 52 (D.D.C. 2010) (discusses theories of liability under §1605A)
- In re Terrorism Litig., 659 F. Supp. 2d 42 (D.D.C. 2009) (treatment of retroactivity and punitive damages under §1605A)