112
414 FEDERAL SUPPLEMENT, 3d SERIES
23. International Law O446
The plain text and plain meaning of
the subsection of the terrorism exception
to the Foreign Sovereign Immunities Act
(FSIA) providing that a court shall hear a
claim when the plaintiffs were United
States nationals, servicemen, employees,
or contractors for the United States government indicate that the claimant and
victim need not both be American citizens.
28 U.S.C.A. § 1605A(a)(2).
24. International Law O509
For purposes of the subsection of the
terrorism exception to the Foreign Sovereign Immunities Act (FSIA) providing that
a court shall hear a claim when the plaintiffs were United States nationals, servicemen, employees, or contractors for the
United States government, plaintiffs must
either satisfy the requirements for standing themselves or have claims that are
derived from claims where the victims
were U.S. government employees at the
time of the attack.
28 U.S.C.A.
§ 1605A(a)(2).
25. International Law O511
Former United States servicemembers, who were kidnapped, imprisoned,
and tortured by agents of the North Korea, as well as their families and estates,
met service of process requirements under
Foreign Sovereign Immunities Act (FSIA),
for purposes of their claims against North
Korea under the FSIA’s terrorism exception, and thus the District Court had personal jurisdiction over North Korea with
regards to those claims; the Court had
subject matter jurisdiction over all claims,
and the only applicable method of service
prescribed by FSIA, requiring that plaintiffs try to serve North Korea by any form
of mail requiring a signed receipt, was
satisfied, given that service package was
delivered to Ministry of Foreign Affairs of
North Korea where it was signed for and
accepted.
28 U.S.C.A.
1605A(c), 1608(a)(3).
§§
1330(b),
26. International Law O509
Former United States servicemembers, their families, and their estates had
standing to bring action against North Korea under terrorism exception to Foreign
Sovereign Immunities Act (FSIA) arising
from North Korea’s kidnapping, imprisonment, and torture of servicemembers,
where servicemembers were either United
States nationals or members of armed
forces, family members were all currently
United States nationals, and estate plaintiffs’ decedents all would have had standing to sue in their own right because they
all were either United States citizens,
members of the armed forces, or both,
making estates ‘‘legal representatives’’
with standing. 28 U.S.C.A. § 1605A(c).
27. International Law O446
While foreign family members need to
rely on state tort law to bring claims for
personal injury against a foreign state,
United States nationals can rely upon the
private cause of action under the terrorism
exception to the Foreign Sovereign Immunities Act (FSIA). 28 U.S.C.A. § 1605A(c).
28. International Law O509
An estate of a plaintiff who would
have had standing to sue is expressly covered by, and entitled to bring claims under, the terrorism exception to the Foreign Sovereign Immunities Act (FSIA).
28 U.S.C.A. § 1605A(c).
29. International Law O450
North Korea committed acts of hostage-taking, for purposes of action under
terrorism exception to Foreign Sovereign
Immunities Act (FSIA) brought against
North Korea by former United States servicemembers, who were kidnapped, imprisoned, and tortured by agents of North
Korea, as well as their families and es-