Henkin v. Iran
Civil Action No. 2019-1184
| D.D.C. | Dec 17, 2024Background
- This case arises from the 2015 murder of Eitam and Naama Henkin by Hamas terrorists in Israel, witnessed by their four minor children.
- Plaintiffs (Estates of Eitam and Naama Henkin and their children) brought suit under 28 U.S.C. § 1605A and Israeli law against Iran, its associated entities, and Syria, alleging material support of Hamas.
- After properly serving the defendants, all failed to respond and the court entered default judgement against them.
- The court previously found defendants liable for materially supporting Hamas and referred the case to a Special Master for a damages report and recommendation.
- Plaintiffs sought and the Special Master recommended awards for solatium, pain and suffering, economic, and punitive damages.
- No party objected to the Special Master’s report; the District Court adopted all recommendations, awarding over $231 million in combined compensatory and punitive damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability under FSIA for terror | Provided material support to Hamas | No appearance/response | Defendants jointly and severally liable under FSIA |
| Damages—Solatium (children) | Upward departure warranted | No appearance/response | $10M each to children, upward due to trauma in witnessing |
| Pain & suffering (Eitam/Naama) | Enhanced damages due to anguish | No appearance/response | $4.75M each, citing severe anguish before death |
| Punitive damages multiplier | Entitled to significant multiplier | No appearance/response | 3.44x compensatory damages ($179M), appropriate multiplier |
Key Cases Cited
- Hill v. Republic of Iraq, 328 F.3d 680 (D.C. Cir. 2003) (outlines damage proof requirements for FSIA default winners)
- Estate of Heiser v. Islamic Republic of Iran, 466 F. Supp. 2d 229 (D.D.C. 2006) (establishes solatium damages framework for terrorism victims’ families)
- Valore v. Islamic Republic of Iran, 700 F. Supp. 2d 52 (D.D.C. 2010) (applies standards for FSIA damages, including punitive multipliers)
- Roth v. Islamic Republic of Iran, 78 F. Supp. 3d 379 (D.D.C. 2015) (describes factors for adjusting solatium awards)
- Peterson v. Islamic Republic of Iran, 515 F. Supp. 2d 25 (D.D.C. 2007) (analyses damages for terrorism claims under FSIA)