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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