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Fain v. Islamic Republic of Iran

United States District Court for the District of Columbia

July 31, 2012, Decided

10-cv-628 (RCL)

Opinion

 [*80]  MEMORANDUM OPINION

I. Introduction

This action arises out of the devastating 1983 bombing of the U.S. Marine barracks in Beirut, Lebanon. 1 The attack decimated the facility, killed 241 U.S. servicemen and left countless others wounded, and caused injuries to serviceman Evan Fain III who is a part of this action. Mr. Fain and his family now bring suit against defendant Islamic Republic of Iran ("Iran") and the Iranian Ministry of Information and Security ("MOIS"). Their action is brought pursuant to the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. §§ 1330, 1602 et seq., which was enacted as part of the National Defense Authorization Act for Fiscal Year 2008 ("NDAA"). Pub. L. No. 110-181, § 1083, 122 Stat. 3, 338-44 (2008). That provision, codified at 28 U.S.C. § 1605A, provides "a federal  [**2] right of action against foreign states" that sponsor terrorist acts. Haim v. Islamic Republic of Iran, 784 F. Supp. 2d 1, 4 (D.D.C. 2011) (quoting reference omitted).

II. Liability

On April 20, 2012, this Court took judicial notice of the findings of fact and conclusions of law in Peterson v. Islamic Republic of Iran, which also concerns the Marine barracks bombing, and entered judgment in favor of the plaintiffs and against Iran and MOIS with respect to all issues of liability.  [**3] Fain v. Islamic Republic of Iran, No. 10-cv-628 (D.D.C. Apr. 20, 2012), 856 F. Supp. 2d 109, 2012 U.S. Dist. LEXIS 55479, 2012 WL 1377595, at *3-4 (citing Peterson, 264 F. Supp. 2d 46 (D.D.C. 2003) (Peterson I)). This Court then referred this action to a special master for consideration of plaintiffs' claims for damages. Id. 2012 U.S. Dist. LEXIS 55479, [WL] at *13. Since the issue of liability has been previously settled, this Court now turns to examine the damages awards recommended by the special master.

III. Damages

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885 F. Supp. 2d 78 *; 2012 U.S. Dist. LEXIS 106105 **; 2012 WL 3095308

EVAN FAIN III, et al., Plaintiffs, v. ISLAMIC REPUBLIC OF IRAN, et al., Defendants.

Prior History: Fain v. Islamic Republic of Iran, 2012 U.S. Dist. LEXIS 107847 (D.D.C., May 15, 2012)

CORE TERMS

damages, special master, awards, bombing, pain and suffering, punitive damages, recommended, injuries, solatium, suffering, economic loss, family member, surviving, terrorism, cases, ratio, pain