KIM v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
Cite as 87 F.Supp.3d 286 (D.D.C. 2015)
the harm caused by the loss of the decedent’s society and comfort.
See publication Words and Phrases
for other judicial constructions and
definitions.
7. Damages O163(1)
Death O58(2), 77
For a damages claim by plaintiffs invoking the terrorism exception to the Foreign Sovereign Immunities Act (FISA),
district courts may presume that those in
direct lineal relationships with victims of
terrorism suffer compensable mental anguish, and testimony proving a close emotional relationship will usually be sufficient
to sustain an award of solatium damages
for siblings. 28 U.S.C.A. §§ 1605A(a)(1),
1605A(c).
8. Death O95(1)
Son and brother of religious missionary who was abducted and presumed tortured and killed by agents of North Korea
were entitled to award, under terrorism
exception to Foreign Sovereign Immunities Act (FSIA), of $15 million each as
compensatory damages for their loss, pain,
mental anguish, and suffering, amounting
to $1 million per year since missionary’s
initial abduction, where both son and
brother had close emotional relationship to
missionary, and both expressed their deep
grief as result of his abduction and presumed torture and death. 28 U.S.C.A.
§ 1605A(c).
9. Damages O87(1), 91.5(1)
Under terrorism exception to Foreign
Sovereign Immunities Act (FSIA), punitive
damages are not meant to compensate the
victim, but are instead meant to award the
victim an amount of money that will punish
outrageous behavior and deter such outrageous conduct in the future. 28 U.S.C.A.
§ 1605A(c).
287
10. Damages O94.1
Under terrorism exception to Foreign
Sovereign Immunities Act (FSIA), the determination as to the proper amount of
punitive damages to award to a plaintiff is
based on four factors: (1) the character of
the defendants’ act, (2) the nature and
extent of harm to the plaintiffs that the
defendants caused or intended to cause, (3)
the need for deterrence, and (4) the wealth
of
the
defendants.
28
U.S.C.A.
§ 1605A(c).
11. Death O95(1)
Son and brother of religious missionary who was abducted and presumed tortured and killed by agents of North Korea
were entitled to collective award of $300
million in punitive damages, under terrorism exception to Foreign Sovereign Immunities Act (FSIA); balance of factors
weighed in favor of punitive damages
award including character of North Korea’s acts against missionary that were
worthy of gravest condemnation, irreparable emotional and psychological harm to
son and brother, and actions of North Korea that justified significant deterrence.
28 U.S.C.A. § 1605A(c).
12. Damages O94.3
Usually, in determining punitive damages under terrorism exception to Foreign
Sovereign Immunities Act (FSIA), the
wealth of the defendant is determined by
the foreign sovereign’s annual expenditures in support of terrorist activities. 28
U.S.C.A. § 1605A(c).
Robert Joseph Tolchin, The Berkman
Law Office, LLC, Brooklyn, NY, Meir
Katz, Baltimore, MD, for Plaintiffs.