DOE v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA Cite as 414 F.Supp.3d 109 (D.D.C. 2019) private cause of action under terrorism exception to FSIA, which provides for money damages resulting from ‘‘personal injury or death,’’ courts reference state common law. 28 U.S.C.A. § 1605A(c). 16. International Law O482 Courts lack the authority or discretion to sua sponte raise the statute of limitations in evaluating a private cause of action under the terrorism exception to the Foreign Sovereign Immunities Act (FSIA). 28 U.S.C.A. § 1605A(c). 17. Federal Civil Procedure O2411, 2418.1 A default judgment is not automatic, and requires that plaintiffs make a prima facie showing of personal jurisdiction. Fed. R. Civ. P. 55(b)(2). 18. International Law O505 A federal district court has original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as to any claim for relief in personam with respect to which the foreign state is not entitled to immunity. 19. International Law O447, 450 Terrorism exception to sovereign immunity under Foreign Sovereign Immunities Act (FSIA) applied to claims brought by former United States servicemembers, who were kidnapped, imprisoned, and tortured by agents of North Korea, as well as their families and estates, against North Korea, and thus District Court had subject matter jurisdiction, where plaintiffs sought money damages for alleged acts of torture, hostage taking, and personal injury, and plaintiffs alleged that acts of torture and hostage taking caused physical and psychological injuries, given that North Korea’s capture and detention of servicemembers was directly connected to harms of false imprisonment, and servicemembers’ 111 torture involved beatings that were directly connected to injuries resulting from assault. 28 U.S.C.A. § 1605A(c). 20. International Law O517 Jury O12(1.2) Jury trials are not available in suits brought under the Foreign Sovereign Immunities Act (FSIA). 28 U.S.C.A. § 1604. 21. International Law O446 To establish causation, as required for purposes of a claim against a foreign state under the terrorism exception to the Foreign Sovereign Immunities Act (FSIA) arising from personal injuries, the plaintiffs must make only a showing of proximate cause, which exists so long as there is some reasonable connection between the act or omission of the defendant and the damage which the plaintiff has suffered. 28 U.S.C.A. § 1605A. 22. International Law O446 District Court was required to exercise its subject matter jurisdiction over claims brought by former United States servicemembers, who were kidnapped, imprisoned, and tortured by agents of North Korea, as well as their families and estates, against North Korea under terrorism exception to the Foreign Sovereign Immunities Act (FSIA), where North Korea was designated a state sponsor of terrorism as a result of North Korea’s treatment of plaintiffs, all of the servicemembers were either United States nationals or were enlisted in United States Navy at time of incident, and the plaintiffs sent an offer to arbitrate and its Korean translation to defendants, offering to submit the matter to a ‘‘third-party organization with extensive experience arbitrating international disputes.’’ 28 U.S.C.A. § 1605A(a)(2).

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