In Re: Terrorist Attacks on September 11, 2001
1:03-md-01570
S.D.N.Y.Jan 13, 2025Background
- The Burnett Plaintiffs, non-U.S. nationals affected by the September 11, 2001 terrorist attacks, seek default judgments and damages against Iran, the Islamic Revolutionary Guard Corps, and the Central Bank of Iran.
- The claims are brought under the Foreign Sovereign Immunities Act (FSIA), specifically the § 1605B(b) terrorism exception, and through state tort law (New York and Virginia), since § 1605A(c) is available only to U.S. nationals.
- The court has previously ruled that Iran provided material support to al Qaeda, proximately causing the 9/11 attacks.
- Plaintiffs request damages for intentional infliction of emotional distress (IIED) and wrongful death; also, two plaintiffs seek recognition as functional equivalents of immediate family members.
- Court addresses jurisdiction, defendant’s default, choice of law (primarily New York, Virginia for some claims), and standards for IIED and wrongful death, including exceptions in terrorism contexts.
- Magistrate Judge Netburn recommends partial final judgment for plaintiffs, solatium damages mirroring those for U.S. nationals, and prejudgment interest, while denying some claims without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction under FSIA § 1605B(b) for non-U.S. nationals | § 1605B(b) permits claims for non-U.S. nationals in terrorism cases | Not present (defaulted) | Court has subject matter and personal jurisdiction |
| Availability of State Tort Law claims vs. only federal | FSIA permits state law tort claims against sovereigns | Not present (defaulted) | State tort law applies; New York/Virginia law governs |
| IIED liability and terrorism exception to presence rule | Terror context justifies waiving in-person/contemporaneous limits | Not present (defaulted) | IIED liability applies regardless of presence; terrorism rule |
| Damages parity for non-U.S. nationals | Non-U.S. nationals should get same solatium damages as U.S. nationals | Not present (defaulted) | Applies parity, awards same damages as for U.S. nationals |
| Functional equivalence for family members in damages | Certain relationships should count as immediate family for damages | Not present (defaulted) | Recognizes functional equivalents entitled to damages |
Key Cases Cited
- Argentinian Republic v. Amerada Hess Shipping Corp., 488 U.S. 428 (FSIA provides exclusive basis for obtaining jurisdiction over a foreign state in U.S. courts)
- Republic of Sudan v. Harrison, 587 U.S. 1 (discusses exceptions to sovereign immunity under FSIA)
- Schultz v. Boy Scouts of Am., Inc., 65 N.Y.2d 189 (articulates choice of law rules in tort cases for New York)
- Howell v. N.Y. Post Co., Inc., 81 N.Y.2d 115 (sets out elements for IIED under New York law)
- Harris v. Kreutzer, 271 Va. 188 (details elements required for IIED under Virginia law)
- Womack v. Eldridge, 215 Va. 338 (establishes Virginia's standards for IIED in line with the Restatement)
- Murphy v. American Home Prods. Corp., 58 N.Y.2d 293 (provides standard for outrageous conduct in IIED claims)
- City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114 (details effect of default on admission of well-pleaded allegations)
- Bricklayers & Allied Craftworkers Loc. 2 Albany, N.Y. Pension Fund v. Moulton Masonry & Constr., LLC, 779 F.3d 182 (describes method for establishing liability on default)