Ashton v. Al Qaeda Islamic

Background

The opinion addresses motions in several related cases within the September 11, 2001 multidistrict litigation. The Ashton and Bauer plaintiffs, the Burlingame plaintiffs, and the Rivelli plaintiffs sought final judgments against the Islamic Republic of Iran and solatium damages for non-immediate family members of people killed in the attacks. Solatium damages are compensation for emotional and relational loss.

The plaintiffs principally argued that the claimants were “functional equivalents” of immediate family members. The court had previously established specified solatium amounts for immediate family members, including $8,500,000 for a child and $4,250,000 for a sibling. It later adopted a framework allowing certain non-immediate family members to recover when their relationship with a decedent was equivalent to that of an immediate family member.

Review of the Recommendation

Magistrate Judge Sarah Netburn recommended granting the motions in part and denying them in part. No party objected, so the court reviewed the recommendation for clear error. The court adopted the recommendation as to Christopher Dowdell, William Dowdell, Matthew Dowdell, Dayna Spordone, Christopher Michael Ruggieri, Phylicia Ruggieri, Justin Sivin, and Donald Scauso. The court reserved judgment on Maxwell Sivin because the plaintiffs’ clarification concerning their objection deadline applied only to plaintiffs whose claims had been denied entirely.

Functional-Equivalent Determinations

The court upheld the finding that Christopher Dowdell, William Dowdell, Phylicia Ruggieri, and Justin Sivin were functional equivalents of immediate family members to their respective stepparents. It also upheld limiting each of their solatium awards to $4,250,000. The stated reason was that the decedents married the plaintiffs’ biological parents only after the plaintiffs had passed their early childhood years. The opinion defines early childhood, under the earlier framework, as roughly through age eight.

The court also agreed that the remaining listed plaintiffs were functional equivalents of immediate family members and were entitled to the solatium amounts shown in Exhibit A. The court accepted the recommendation that prejudgment interest be awarded from September 11, 2001, through the date of judgment at 4.96% per year, compounded annually.

Disposition

Judge George B. Daniels granted the motions for final judgments as they pertained to Christopher Dowdell, William Dowdell, Matthew Dowdell, Dayna Spordone, Christopher Michael Ruggieri, Phylicia Ruggieri, Justin Sivin, and Donald Scauso. The court ordered judgments for the solatium damages listed in Exhibit A and ordered prejudgment interest at 4.96% per year, compounded annually. Plaintiffs not listed in Exhibit A who had not previously received damages could submit applications in later stages for solatium or economic damages under the standards the court had approved. The Clerk was directed to close specified motions for which extensions to object had not been granted.