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Barry v. Islamic Republic of Iran

Facts

The Smith Plaintiffs were injured in the 1983 terrorist attack on the U.S. Embassy in East Beirut, Lebanon, and/or the attack on the U.S. Embassy Annex in East Beirut the following year. The 1983 bombing was the first large-scale attack against a U.S. Embassy, resulting in over sixty fatalities and many injuries. Following this attack, operations moved to the Embassy Annex, which was also targeted in a subsequent bombing in 1984, leading to further casualties. The plaintiffs include U.S. government employees and their immediate family members who suffered emotional distress due to these attacks.

The Smith Plaintiffs were injured in the 1983 terrorist attack on the U.S. Embassy in East Beirut, Lebanon and/or the attack on the U.S. Embassy Annex in East Beirut the following year. The bombing of the U.S. Embassy on April 18, 1983, 'was the first large-scale attack against a United States Embassy anywhere in the world.'

Issue

Whether the court should enter default judgment concerning liability for the Smith Plaintiffs' claims against Iran and what damages should be awarded.

The question facing the Court is whether it should, as a matter of law, enter default judgment on the Smith Plaintiffs' claims, and if so, what measure of compensatory and economic damages are appropriate.

Rule

Under the Foreign Sovereign Immunities Act (FSIA), a court can enter default judgment against a foreign state if the claimant establishes their right to relief by satisfactory evidence.

A court addressing a FSIA claim can enter default judgment against a foreign state only if 'the claimant[s] establish[] [their] right to relief by evidence satisfactory to the court.'

Analysis

The court determined that the Smith Plaintiffs met the jurisdictional requirements of the FSIA, as Iran was designated a state sponsor of terrorism at the time of the attacks. The court accepted the Special Master's findings that the plaintiffs were either U.S. government employees or contractors acting within the scope of their employment during the attacks. The court also found a reasonable connection between Iran's support for the attacks and the injuries suffered by the plaintiffs.

The Court accepts the Special Master's findings of fact, derived from uncontroverted evidence presented to him, on this matter. Thus, these claimants plainly fall within the section 1605A categories of individuals entitled to bring a claim.

Conclusion

The court entered default judgment concerning liability for the Smith Plaintiffs and adopted in part the Special Master's recommendations for damages.

For the reasons set forth below, the Court enters default judgment concerning liability and adopts in part the damages recommendations in the Special Master's report.

Who won?

The Smith Plaintiffs prevailed in the case as the court found that they established liability against Iran and adopted the Special Master's recommendations for damages.

The Court finds that the majority of the Smith Plaintiffs have established liability and will enter default judgment concerning these individuals and, further, adopts in part the Special Master's suggested damages awards.

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