Opati v. Republic of Sudan
2014 U.S. Dist. LEXIS 101321
D.D.C.2014Background
- In 1998 simultaneous suicide bombings destroyed the U.S. embassies in Nairobi and Dar es Salaam, killing and injuring hundreds; plaintiffs are 284 victims and immediate family members from Kenya, Tanzania, and the U.S.
- Plaintiffs sued Sudan, Iranian entities, and others under the Foreign Sovereign Immunities Act (FSIA) alleging state-sponsored support for al Qaeda in the bombings; defendants were served but defaulted.
- The court took judicial notice of evidence and findings from earlier consolidated litigation (Owens v. Republic of Sudan) where an extensive record established Iran’s and Sudan’s material support to al Qaeda and liability for the attacks.
- Special masters were appointed to assess damages; their reports, based on sworn testimony, medical and economic reports, were adopted largely by the court with limited adjustments to conform to district precedents and a consistent damages framework.
- The court granted summary judgment on liability, held injured U.S. citizens and foreign-national U.S.-government employees have federal causes of action under 28 U.S.C. § 1605A(c)(3), while foreign-national family members may recover under D.C. law for intentional infliction of emotional distress (solatium).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction / FSIA liability | Plaintiffs: FSIA §1605A applies; defendants provided material support for terrorism causing the bombings | Defendants: (no answer; default) | Court: Has jurisdiction; evidence (including Owens record) establishes liability of Iran and Sudan for materially supporting al Qaeda and the attacks |
| Use of prior findings / judicial notice | Plaintiffs: Court may take judicial notice of Owens record and rely on that evidence for default judgment | Defendants: (no response) | Court: May take judicial notice of prior court records and evidence but makes independent findings based on that evidence; accepts uncontroverted record for default judgment standard under 28 U.S.C. §1608(e) |
| Damages entitlement (pain & suffering, solatium, economic) | Plaintiffs: Survivors and estates entitled to compensatory damages; family members (including foreign-nationals) entitled to solatium under D.C. law | Defendants: (no response) | Court: Adopts special masters’ damages recommendations, applies districtwide frameworks (Valore/Peterson), awards pain & suffering, economic losses, and solatium with specified guideline amounts and limited adjustments |
| Punitive damages & prejudgment interest | Plaintiffs: Seek punitive damages under §1605A(c); prejudgment interest at prime rate to compensate time value of money | Defendants: (no response) | Court: Awards punitive damages equal to total compensatory damages (to deter/punish); awards prejudgment interest at annual prime rate (applies multiplier for 1998–2014) with limited exceptions for discounted economic figures |
Key Cases Cited
- Owens v. Republic of Sudan, 826 F. Supp. 2d 128 (D.D.C. 2011) (prior findings on liability and jurisdiction relied upon)
- Valore v. Islamic Republic of Iran, 700 F. Supp. 2d 52 (D.D.C. 2010) (framework for pain-and-suffering and solatium awards and use of prior records)
- Peterson v. Islamic Republic of Iran, 515 F. Supp. 2d 25 (D.D.C. 2007) (solatium guideline amounts adopted)
- Roeder v. Islamic Republic of Iran, 333 F.3d 228 (D.C. Cir. 2003) (default-judgment evidentiary standard under FSIA)
- Hill v. Republic of Iraq, 328 F.3d 680 (D.C. Cir. 2003) (Federal Rule of Civil Procedure 55(e) standard discussion)
- Oveissi v. Islamic Republic of Iran, 879 F. Supp. 2d 44 (D.D.C. 2012) (punitive damages factors and FSIA damages principles)
- Forman v. Korean Air Lines Co., 84 F.3d 446 (D.C. Cir. 1996) (prejudgment interest at prime rate rationale)
- Oldham v. Korean Air Lines Co., 127 F.3d 43 (D.C. Cir. 1997) (awarding prejudgment interest at prime rate)
- Beer v. Islamic Republic of Iran, 789 F. Supp. 2d 14 (D.D.C. 2011) (punitive damages discussion and precedent)
- Haim v. Islamic Republic of Iran, 425 F. Supp. 2d 56 (D.D.C. 2006) (no pain-and-suffering award for instantaneous deaths)