Thuneibat v. Syrian Arab Republic
167 F. Supp. 3d 22
| D.D.C. | 2016Background
- Plaintiffs are the families and estates of two U.S. citizens killed in coordinated suicide bombings in Amman, Jordan on November 9, 2005 (Radisson SAS, Grand Hyatt, Days Inn); AQI and leader Abu Musab al‑Zarqawi claimed responsibility.
- Plaintiffs sued the Syrian Arab Republic and Syrian Military Intelligence under the FSIA terrorism exception (28 U.S.C. § 1605A) and the Torture Victim Protection Act, alleging Syria provided material support (safe haven, funding, training, transit) to Zarqawi/AQI.
- Defendants did not appear; after prolonged service attempts under 28 U.S.C. § 1608, the Clerk entered default and plaintiffs moved for default judgment.
- The court addressed: subject‑matter jurisdiction under the FSIA terrorism exception; personal jurisdiction/service under §1608; sufficiency of evidence linking Syria’s material support to the attacks; and appropriate damages (economic, solatium, punitive).
- The court credited plaintiffs’ expert declarations (Middle East/counterterrorism, forensic economics, Jordanian law) and family affidavits, found jurisdiction and personal jurisdiction satisfied, held Syria liable under §1605A for provision of material support causing extrajudicial killings, and awarded specified economic, solatium, and punitive damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1) Does FSIA §1605A (terrorism exception) waive Syria’s sovereign immunity? | Syria was a State Sponsor of Terrorism in 2005; victims were U.S. nationals; Syria provided material support to AQI causing extrajudicial killings. | (No appearance) | Court: Yes. Syria designated since 1979; plaintiffs met §1605A elements and showed material support causally linked to killings. |
| 2) Was service and personal jurisdiction proper under 28 U.S.C. §1608? | Papers were mailed to Syrian Ministry of Foreign Affairs per §1608(a)(3) and accepted; service via DHL was effective. | (No appearance) | Court: Service was proper; personal jurisdiction exists. |
| 3) Have plaintiffs shown liability (material support causation) sufficient for default judgment under FSIA? | Expert and documentary evidence show Syria provided transit, safe haven, funding, personnel ties to Zarqawi/AQI, making harm reasonably certain and proximately caused. | (No appearance) | Court: Evidence satisfactory; uncontroverted allegations taken as true; Syria liable for extrajudicial killings and for emotional‑distress claims by families. |
| 4) What damages are recoverable and in what amounts (economic, solatium, punitive, prejudgment interest)? | Seek economic loss to estates, solatium for immediate family, punitive damages totaling demand. Forensic economist provided loss estimates; Heiser framework for solatium; punitive awards appropriate. | (No appearance) | Court: Awarded economic losses to estates ($1,453,749 and $13,668,260), solatium amounts (ranging $2.5M–$6.25M per family member based on Heiser baseline and upward adjustments), punitive damages $150M per estate ($300M total); denied prejudgment interest. Total $347,622,009. |
Key Cases Cited
- Mwani v. bin Laden, 417 F.3d 1 (D.C. Cir.) (default‑judgment and personal jurisdiction requirements against an unresponsive foreign defendant)
- James Madison Ltd. by Hecht v. Ludwig, 82 F.3d 1085 (D.C. Cir.) (court’s obligation to ensure subject‑matter jurisdiction in default posture)
- Jerez v. Republic of Cuba, 775 F.3d 419 (D.C. Cir.) (application of 28 U.S.C. §1608(e) evidentiary standard in FSIA defaults)
- Han Kim v. Democratic People’s Republic of Korea, 774 F.3d 1044 (D.C. Cir.) (adjusting evidentiary requirements; use of admissible testimony for findings)
- Gates v. Syrian Arab Republic, 580 F. Supp. 2d 53 (D.D.C.) (finding Syria provided material support to Zarqawi/AQI; similar liability analysis)
- Oveissi v. Islamic Republic of Iran, 573 F.3d 835 (D.C. Cir.) (treatment of foreign‑law claims and §1606 application)
- Estate of Heiser v. Islamic Republic of Iran, 659 F. Supp. 2d 20 (D.D.C.) (Heiser framework for solatium awards)
- Roth v. Islamic Republic of Iran, 78 F. Supp. 3d 379 (D.D.C.) (FSIA damages standard; reliance on uncontroverted affidavits)