460
723 FEDERAL SUPPLEMENT, 2d SERIES
Accordingly, the conditions of section
1605A have been met, and the Court concludes that defendants are not immune
from this action.
Because defendants are not immune
from this action and service of process has
been effected, this Court possesses both
subject-matter and personal jurisdiction.
See 28 U.S.C. § 1330(a) (Providing that
the ‘‘district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against
a foreign state TTT with respect to which
the foreign state is not entitled to immunity TTT under sections 1605–1607 of this
title’’); Texas Trading & Milling Corp. v.
Federal Republic of Nigeria, 647 F.2d 300,
308 (2d Cir.1981) (Under the FSIA ‘‘subject matter jurisdiction plus service of process equals personal jurisdiction.’’).
Findings Regarding Liability
Section 1605A(c) of the FSIA expressly
creates a federal statutory cause of action
for plaintiffs in an action brought under
section 1605A.
Because the elements of a claim under
section 1605A(c) must also be established
in order to waive the foreign state’s immunity and vest the court with subjectmatter jurisdiction under section 1605A,
liability under section 1605A(c) will exist
whenever the jurisdictional requirements
of section 1605A are met. See Kilburn v.
25. The fact that liability arises once sponsorship of terrorist activities is demonstrated for
jurisdictional purposes is not surprising because ‘‘[s]ponsorship of terrorist activities inherently involves a conspiracy to commit terrorist attacks. As a co-conspirator, both with
its own agents, officials and employees, and
with others, such as the terrorist organization
and the ultimate perpetrators, the foreign
state is also a joint tortfeasor.’’ Flatow, supra
at 27.
26. Indeed, a plaintiff may establish his or her
proof in FSIA default judgment proceedings
via affidavit, and live testimony is not required. See e.g. Weinstein v. Islamic Republic
Islamic Republic of Iran, 699 F.Supp.2d
136, 155 (D.D.C.2010) (‘‘[T]he § 1605A(c)
cause of action is fulfilled by demonstrating that the foreign sovereign performed
acts described in subsection (a)(1) of
§ 1605A, which addresses immunity and
subject matter jurisdictionTTTT Although
an analysis of a foreign sovereign’s potential immunity and liability should be conducted separately, the elements of immunity and liability under § 1605A(c) are
essentially the same in that § 1605A(a)(1)
must be fulfilled to demonstrate that a
plaintiff has a cause of action.’’). See
also Gates v. Syrian Arab Republic, 580
F.Supp.2d 53 (D.D.C.2008) (same).25
Accordingly, because, as discussed supra, defendants’ immunity is waived under
section 1605A due to their provision of
material support and resources to the JRA
and the PFLP, defendants are liable to
plaintiffs under section 1605A(c).
Compensatory Damages
In actions brought under section 1605A,
plaintiffs are entitled to ‘‘economic damages, solatium, pain, and suffering, and
punitive damages.’’ § 1605A(c).
[4] On the matter of damages, the
Court received live and affidavit 26 testimony from each of the plaintiffs. Also, plaintiffs presented expert medical testimony in
the form of affidavits and reports from of
of Iran, 175 F.Supp.2d 13, 17 (D.D.C.2001);
Campuzano v. Islamic Republic of Iran, 281
F.Supp.2d 258, 268 (D.D.C.2003); Oveissi v.
Islamic Republic of Iran, 498 F.Supp.2d 268,
272 (D.D.C.2007); Bennett v. Islamic Republic of Iran, 507 F.Supp.2d 117, 125 (D.D.C.
2007); Weinstein v. Islamic Republic of Iran,
184 F.Supp.2d 13, 19 (D.D.C.2002); Hutira v.
Islamic Republic of Iran, 211 F.Supp.2d 115
(D.D.C.2002); Elahi v. Islamic Republic of
Iran, 124 F.Supp.2d 97, 100 (D.D.C.2000);
Int’l Road Fed’n v. Democratic Republic of the
Congo, 131 F.Supp.2d 248, 252 (D.D.C.2001);
Commercial Bank of Kuwait v. Rafidain Bank,
15 F.3d 238, 242 (2d Cir.1994).