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).