CALDERON–CARDONA v. DEM. PEOPLE’S REP. OF KOREA
Cite as 723 F.Supp.2d 441 (D.Puerto Rico 2010)

Ruth CALDERON–CARDONA, Luz Calderon–Cardona, Luis Calderon–Cardona, Gloria Calderon–Cardona, Jose
Raul Calderon–Cardona, Ana Delia
Calderon–Cardona, Hilda Calderon–
Cardona, Angel Calderon–Guzman,
Miguel Calderon–Guzman, Salvador
Calderon–Martinez, Angel Luis Ramirez–Colon, Antonia Ramirez–Fiero,
et al., Plaintiffs,
v.
DEMOCRATIC PEOPLE’S REPUBLIC
OF KOREA, Cabinet General Intelligence Bureau, John Doe, Defendants.
Civil No. 08–1367 (FAB).
United States District Court,
D. Puerto Rico.
July 16, 2010.
Background: Family members of American citizens, who were killed or injured in
terrorist machine gun attack at Israeli airport, brought action against Democratic
People’s Republic of North Korea (North
Korea) and its Cabinet General Intelligence Bureau (CGIB) for wrongful death,
personal injury and related torts pursuant
to Foreign Sovereign Immunities Act
(FSIA). After entry of default, plaintiffs
moved for default judgment.
Holdings: The District Court, Besosa, J.,
held that:
(1) North Korea and its CGIB were not
entitled to sovereign immunity from
plaintiffs’ action;
(2) eight children of American citizen
killed in attack were each individually
entitled to $5,000,000 in compensatory
damages, jointly and severally, from
North Korea and its CGIB;
(3) estate of wife of American citizen killed
in attack was entitled to $8,000,000 in
compensatory damages, jointly and
severally, from North Korea and its
CGIB;

441

(4) estate of son of American citizens
killed in attack was entitled to
$5,000,000 in compensatory damages,
jointly and severally, from North Korea and its CGIB;
(5) American citizen injured in attack was
entitled to $15,000,000 in compensatory
damages, jointly and severally, from
North Korea and its CGIB;
(6) wife of American citizen injured in attack was entitled to $10,000,000 in compensatory damages, jointly and severally, from North Korea and its CGIB;
and
(7) family members of American citizens
killed or injured in attack were entitled
to $300,000,000 in punitive damages
from North Korea and its CGIB.
Motion granted.
1. International Law O10.31
The Foreign Sovereign Immunities
Act (FSIA) is the sole basis of jurisdiction
over foreign states in the federal courts,
and codifies the ‘‘restrictive theory’’ of sovereign immunity under which foreign
states are generally immune from the jurisdiction of courts of the United States
subject to specific exceptions. 28 U.S.C.A.
§ 1602 et seq.
See publication Words and Phrases for other judicial constructions
and definitions.

2. International Law O10.33
Democratic People’s Republic of
North Korea (North Korea) and its Cabinet General Intelligence Bureau (CGIB)
were not entitled to sovereign immunity,
under Foreign Sovereign Immunities Act
(FSIA), from action brought by family
members of American citizens who were
killed or injured in terrorist machine gun
attack at Israeli airport for wrongful
death, personal injury and related torts;
action was one for money damages, attack

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