Derubbio v. Islamic Republic of Iran

Background

The order concerns Jessica DeRubbio’s case and other related cases within multidistrict litigation involving the September 11, 2001 terrorist attacks. The plaintiffs identified in Exhibit A were spouses, parents, children, or siblings—or estates of spouses, parents, children, or siblings—of people killed in the attacks. The plaintiffs identified in Exhibit B were estates of people killed in the attacks.

The order states that service of process on Iran complied with 28 U.S.C. § 1608, the federal statute governing service on foreign sovereign defendants and their agencies or instrumentalities. The record included evidence and arguments submitted on behalf of the plaintiffs identified in Exhibits A and B. The order’s tables identify earlier liability motions and the dates on which liability judgments were entered or sought in the related matters.

Rulings

The court entered partial final default judgment against the Islamic Republic of Iran for the plaintiffs identified in Exhibits A and B. A default judgment is a judgment entered when a defendant does not defend the case; this order awarded judgment without a contested trial on the plaintiffs’ claims. The order addressed liability and specified damages for only the plaintiffs listed in the exhibits, rather than resolving every plaintiff’s damages application.

For Exhibit A plaintiffs, the court awarded solatium damages—money for the emotional harm caused by a close family member’s death—in these amounts:

- $12,500,000 per spouse; - $8,500,000 per parent; - $8,500,000 per child; and - $4,250,000 per sibling.

For Exhibit B plaintiffs, the court awarded $2,000,000 per estate as compensation for the decedent’s pain and suffering. It also awarded economic damages to the plaintiff identified in the expert report supporting the declaration of Jerry S. Goldman, as stated in Exhibit B and supported by that report and analysis.

The court awarded prejudgment interest at 4.96 percent per year, compounded annually, from September 11, 2001, through the date of judgment. The identified plaintiffs may later apply for punitive damages, economic damages, or other damages that have not already been ordered, subject to future rulings by the court. Other plaintiffs in the related matters who were not listed in Exhibits A and B may also submit damages applications later. The order states that certain solatium and estate-based compensatory damages applications will be approved consistently with the awards made in this order.

Disposition

The signed order entered partial final default judgments against Iran and made the specified damages awards. It did not state that all claims or all plaintiffs in the related matters had been finally resolved.

Classification note

This is classified as a procedural order because the judgment was entered by default. Under the summary convention, a default judgment is procedural even when the order includes liability and damages awards, because the underlying claims were not tested through an adversarial merits proceeding.