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Case Citations [1] (Fall 2024)

handle is hein.ali/restate0341 and id is 1 raw text is: * THE AMERICAN LAW INSTITUTE Fall 2024 Citations TORTS 2D Generally D.D.C.2023. Cit. generally in sup. Family of an American humanitarian aid worker who was kidnapped, tortured, and executed by a terrorist group sued the Syrian Arab Republic under the state-sponsored terrorism exception of the Foreign Sovereign Immunities Act, alleging that defendant was responsible for worker's injuries and death because it provided material support to the terrorist group. After defendant failed to appear, this court ordered plaintiffs to provide additional briefing in support of their motion for a default judgment, holding that, while the complaint included several possible claims for relief, plaintiffs failed to discuss the elements of those claims, which plaintiff brought which claim, or how the evidence satisfied the elements of those claims, as required for them to prove a theory of liability entitling them to damages under the Act. The court noted that courts in the district relied on well-established principles of law, such as those found in the Restatement Second of Torts, to outline the boundaries of such theories of recovery. Mueller v. Syrian Arab Republic, 656 F.Supp.3d 58, 78. D.D.C.2023. Cit. generally in case cit. in disc. In an action arising from terrorist attacks in Iraq and Afghanistan, victims of the attacks and their family members filed claims under the Foreign Sovereign Immunities Act against the Islamic Republic of Iran, alleging that defendant provided material support and resources to the terrorists who were responsible for the attacks. Granting in part plaintiffs' motion for default judgment, the court held, among other things, that plaintiffs sufficiently alleged claims for assault, battery, and solatium. The court observed that it drew the elements for those claims from well- established statements of common law found in the Restatement Second of Torts because, while the Act provided plaintiffs causes of action, it did not provide the substantive basis for their claims. Roth v. Islamic Republic of Iran, 651 F.Supp.3d 65, 93-94. D.D.C.2023. Cit. generally in sup. U.S. Navy sailors, who were injured in a terrorist bombing of a U.S. ship, and their family members sued Iran, alleging, among other things, a claim for intentional infliction of emotional distress (IIED) arising from defendant's provision of material support for the terrorist organizations that carried out the attack. This court granted plaintiffs' motion for default judgment, holding that defendant would be held liable for damages on plaintiffs' IIED claim under the state- sponsored terrorism exception to the Foreign Sovereign Immunities Act. The court noted that it relied on well-established principles of law such as those set forth in Restatement Second of Torts to define COPYRIGHT (02024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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