116
414 FEDERAL SUPPLEMENT, 3d SERIES
49. Damages O57.27
Relief for those not present at the
time of a terrorist attack, for purposes of a
claim of solatium or intentional infliction of
emotional distress under the terrorism exception to the Foreign Sovereign Immunities Act (FSIA), is limited to immediate
family members. 28 U.S.C.A. § 1605A(c).
50. Damages O192
There is a presumption that family
members in direct lineal relationship suffer
compensable mental anguish, for purposes
of a claim of intentional infliction of emotional distress or solatium arising from a
terrorist attack under the terrorism exception to the Foreign Sovereign Immunities
Act (FSIA), and testimony proving a close
relationship will usually be sufficient to
sustain an award of solatium damages. 28
U.S.C.A. § 1605A(c).
51. International Law O446
Any deaths resulting from an act of
terrorism are properly considered wrongful deaths, for purposes of a claim under
the terrorism exception to the Foreign
Sovereign Immunities Act (FSIA). 28
U.S.C.A. § 1605A(c).
States servicemen aboard the USS Pueblo
(Pueblo) by agents of the Government of
the Democratic People’s Republic of Korea
(North Korea) in 1968. For almost a year,
North Korea held hostage eighty-two crew
members; subjected them to beatings,
sleep deprivation, interrogations, and unsanitary living conditions; and forced them
to facilitate North Korean propaganda.
The Pueblo’s crew members, their families,
and estates of both groups bring this suit.
Their action is pursuant to the private
cause of action against foreign State Sponsors of Terrorism provided by the Foreign
Sovereign Immunities Act (FSIA). See 28
U.S.C. § 1605A. Before the Court is the
plaintiffs’ Motion for Partial Default Judgment on Liability under Id. § 1608(e), Dkt.
48. For the following reasons, the Court
will grant the plaintiffs’ motion and hold
North Korea liable to all plaintiffs under
the state sponsor of terrorism exception to
the FSIA.
I.
BACKGROUND
A.
Procedural Background
1. Massie Litigation
Alexandra Meise, Philadelphia, PA,
Mark Neil Bravin, Jean Pierre Nogues,
Pro Hac Vice, Mitchell Silberberg &
Knupp LLP, Washington, DC, Albina Gasanbekova, Mitchell Silberberg & Knupp
LLP, New York, NY, for Plaintiffs.
Alan Lee Balaran, Law Office of Alan L.
Balaran, PLLC, Washington, DC, for Defendant.
MEMORANDUM OPINION
DABNEY L. FRIEDRICH, United
States District Judge
This case arises from the kidnapping,
imprisonment, and torture of United
This case is not the first of its kind. In
Massie v. Democratic People’s Republic of
Korea, five plaintiffs, including the Pueblo’s commander, Commander Bucher, sued
North Korea under the FSIA’s terrorism
exception for the capture and torture of
the Pueblo’s crew. 592 F. Supp. 2d 57, 75
(D.D.C. 2008). The Massie plaintiffs alleged assault, battery, false imprisonment,
intentional infliction of emotional distress,
loss of solatium, and economic damages.
Id. After North Korea failed to answer or
otherwise respond to the complaint, the
Court entered a default judgment and held
a two-day damages trial. Id. at 60. Based
on the evidence presented, the Court concluded that the plaintiffs were ‘‘entitled to