CHAPMAN v. SUPP. BEN. RETIREMENT PLAN OF LIN TELE.
Cite as 723 F.Supp.2d 485 (D.R.I. 2010)
and direct a campaign of murder against
civilians amply justifies the imposition of
punitive damages against it and the CGIB.
North Korea’s budget for the export of
terrorism is not known. However, this
Court will adopt the ‘‘typical punitive damages award of $300 million’’ that has been
awarded against the Islamic Republic of
Iran because ‘‘[t]here is no reason to depart from settled case law regarding the
amount of punitive damages in terrorism
cases.’’ Brewer v. Islamic Republic of
Iran, 664 F.Supp.2d 43, 58–59 (D.D.C.
2009), see also Acosta v. Islamic Republic
of Iran, 574 F.Supp.2d 15, 31 (D.D.C.2008).
Accordingly, the Court will award punitive damages against defendants in the
amount of $300 million to plaintiffs collectively to be divided equally.
CONCLUSION
This Court possesses subject matter jurisdiction over this action and personal
jurisdiction over defendants. Plaintiffs
have established to this Court’s satisfaction, pursuant to 28 U.S.C. § 1608(e), and
by clear and convincing evidence, that defendants are jointly and severally liable for
all the damages awarded by this Court
because of their provision of material support and assistance to the terrorists who
carried out the Lod Airport Attack on May
30, 1972 in which plaintiffs were injured.
Accordingly, plaintiffs’ motion for default
judgment shall be granted against defendants and judgment shall be entered
against defendants and in plaintiffs’ favor
in accordance with this opinion and order.
IT IS SO ORDERED.
,
485
Gary CHAPMAN, Plaintiff,
v.
SUPPLEMENTAL BENEFIT RETIREMENT PLAN OF LIN TELEVISION
CORPORATION and Subsidiary Companies and LIN Television Corporation, individually and as Administrator and Fiduciary, Defendants.
C.A. No. 09–518 S.
United States District Court,
D. Rhode Island.
July 16, 2010.
Background: Television corporation employee, a high-level executive who, acting
upon advice of counsel, had entered into
‘‘Employment Transition Agreement and
General Release’’ with employer outlining
severance package that included large
lump-sum payment brought Employee Retirement Income Security Act (ERISA) action against supplemental benefit retirement plan and employer, individually and
as administrator and fiduciary, over dispute concerning calculation of his pension
benefits due pursuant to plan. Defendants
moved for summary judgment on basis
that ERISA claims were barred by release, and employer moved for partial
summary judgment on its counterclaim,
arguing that employee violated promise
not to sue contained in agreement.
Holdings: The District Court, William E.
Smith, J., held that:
(1) employer did not waive its defense
with respect to release, and
(2) plain language of agreement included
preservation of claims at issue.
Motions denied.
1. Labor and Employment O555
Federal common law requires heightened scrutiny for waivers of ERISA pen-