International Terrorism Litigation

Overview

Crowell & Moring has been holding State Sponsors of Terrorism accountable in federal courts and obtaining justice and monetary relief for the victims of international terrorism and their families for more than twenty-five years. Dating back to the 1990s, the team has pursued justice and obtained judgments on behalf of victims of terrorism against State Sponsors of Terrorism including Iran, Sudan, and Libya, and continues to bring cases today, with multiple cases pending against Iran and Syria. To date, Crowell & Moring has successfully obtained more than $18 billion in judgments for claims arising from international terrorism. Our team’s representative engagements include cases arising from the 1983 and 1984 attacks on the U.S. Embassy and U.S. Embassy Annex in Beirut, Lebanon, the 1989 bombing of UTA Flight 772, the 1998 attack on the U.S. Embassy in Nairobi, Kenya, the 2016 attack in Nice, France, and others, including multiple instances of terrorism-related hostage-takings and assassinations in countries across the Middle East.

In addition to federal court litigation success, the Crowell & Moring team has extensive experience enforcing judgments and obtaining compensation for victims of state sponsored terrorism through settlements, claims programs, and various legislative initiatives in Congress that create opportunities for our clients to recover funds arising from acts of terror. For example, our team played a substantial role in the drafting, negotiation, and enactment of the Justice for United States Victims of State Sponsored Terrorism Act of 2015, which created the United States Victims of State Sponsored Terrorism (“USVSST”) Fund, a fund that awards compensation to victims of state sponsored terrorism that have secured final judgments.  Our team was also recently involved in the diplomatic resolution between the United States and Sudan which led to significant compensation in 2020 to judgment holders in settlement of their claims against Sudan arising from the 1998 attacks on the U.S. Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania. Previously, Crowell & Moring played a material role in the enactment of the Justice for Victims of Terrorism Act of 2000, which led to the payment of millions of dollars to satisfy various compensatory damages judgments against Iran.  And our team has substantial experience handling claims at the Foreign Claims Settlement Commission, where we obtained compensation for our clients who were victims of Libyan terrorism pursuant to the negotiated $1.5 billion settlement as part of the Libya Claims Resolution Act.

The team at Crowell & Moring also has experience in representing commercial entities in connection with claims arising from the Anti-Terrorism Act (“ATA”) and Justice Against Sponsors of Terrorism Act (“JASTA”), and has leveraged its experience to provide advice and analysis to parties for ATA and JASTA claims.

Terrorism litigation in federal U.S. district and circuit courts involve complex application of various federal statutes, including, e.g., the Foreign Sovereign Immunities Act, 28 USC. §§ 1602, et seq.; the Torture Victims Protection Act of 1991, 28 USC. § 1350 note; the Export Administration Act of 1979, 50 USC. § 2405(j); the Foreign Assistance Act of 1961, 22 USC. § 2371; the Antiterrorism and Effective Death Penalty Act of 1996, 28 USC. 1605 § (a)(7); the Alien Tort Claim Act, 28 USC. § 1350; the Justice for Victims of Terrorism Act of 2000, Public Law 106-386, the Anti-Terrorism Act of 2020, 18 USC § 2333, Justice Against Sponsors of Terrorism Act, Public Law 114-222, the International Claims Settlement Act of 1949, 22 U.S.C. Section 1623, and others.  Our team has substantial experience litigating under these statutes, and pursuing avenues of monetary redress for damages suffered as the result of international terrorism perpetuated by both State Sponsors of Terrorism (i.e., Iran, North Korea, Syria, Sudan, Cuba, Libya) and foreign terrorist organizations (e.g., ISIS, Al-Qaeda, Hamas, Hezbollah).

Insights

Client Alert | 4 min read | 10.23.23

Holding Iran Accountable for Hamas Terrorist Attacks

The world has watched in horror as tragedy has unfolded in Israel because of the brutal terrorist attacks carried out by Hamas.  Nothing can compensate for the devastating loss of life, for the trauma suffered by those injured or kidnapped, or for the grief, sorrow, fear, and anger felt by family members.  For the past twenty-five years, American victims or family members have held Iran accountable in U.S. courts for its sponsorship and support of murderous and terrorist acts like those carried out by Hamas in Israel.  The U.S. legal system may again be a vehicle to hold Iran and its proxies to account today....

Representative Matters

  • $435 million verdict on behalf of American and foreign national victims of 1983 and 1984 bombings of U.S. Embassy and Embassy Annex in Beirut, Lebanon against Iran. Jones, et al. v. Islamic Republic of Iran; Case No. 1:20-cv-00850 (D.D.C Oct. 26, 2022).
  • $1.5 billion verdict on behalf of American and foreign national victims of 1983 and 1984 bombings of U.S. Embassy and Embassy Annex in Beirut, Lebanon against Iran. Barry et al. v. Islamic Republic of Iran, 437 F. Supp. 3d 15 (Feb. 4, 2020).
  • $622 million judgment on behalf of victims of 1989 bombing of U.S. Embassy in Nairobi, Kenya against Sudan and Iran.  Owens, et al. v. Republic of Sudan, et al., No. 14-5105, 2017 WL 3203263 (D.C. Cir. July 28, 2017).
  • $8.4 billion verdict on behalf of foreign-national victims 1983 and 1984 bombings of the U.S. Embassy and Embassy Annex in Beirut, Lebanon against Iran.John Doe, et al. v. Islamic Republic of Iran, et al., 943 F. Supp. 2d 180; Civ. A. No. 08-0540 (JDB), 2013 U.S. Dist. LEXIS 65903 (D.D.C. May 9, 2013).
  • Awards on behalf of victims of Pan Am Flight 73 bombing against Libya.Substantial compensation in connection with these awards was made possible as a result of the diplomatic settlement between the U.S. and Libya. Patel, et al. v. Socialist People's Libyan Arab Jamahiriya, A. No. 06-626-RMU (D.D.C. Dec. 16, 2008).
  • $300 million judgment on behalf of victims of 1983 bombing of U.S. Embassy in Beirut, Lebanon against Iran.  Dammarell, et al. v. Islamic Republic of Iran, et al., A. No. 01-2224(JDB), 2006 U.S. Dist. LEXIS 63263 (D.D.C. 2006 Sept. 7, 2006).
  • $8.6 million judgment on behalf of hostage victims against Iran.Obtained a judgment on behalf of former hostage and his family for damages resulting from July 1982 kidnapping and several months of captivity. Dodge, et al. v. Islamic Republic of Iran, et al., 2004 WL 5353873 (D.D.C. Aug. 25, 2004).
  • Landmark ruling and award on behalf of hostage victim against Iran and Libya. In a landmark ruling, the U.S. Court of Appeals for the D.C. Circuit affirmed the district court's denial of Libya's motion to dismiss, rejecting all claims of sovereign immunity. The victim's family was paid a substantial portion of the judgment pursuant to legislation enacted by Congress through Crowell & Moring's efforts. Kilburn v. Islamic Republic of Iran, et al., 277 F. Supp. 2d 24 (D.D.C. 2003), aff’d, 376 F.3d 1123 (D.C. Cir. 2004).
  • $6 billion judgment in first-ever contested FSIA terrorism-exception case for victims of Libyan bombing of UTA flight 772 against Libya. Diplomatic pressure arising from the judgment resulted in a landmark settlement between the U.S. and Libya, and substantial awards for the victims and their family members. Pugh, et al. v. Socialist People's Libyan Arab Jamahiriya, et al.,290 F. Supp. 2d 54 (D.D.C. 2003).
  • $33 million judgment on behalf of victim of Hezbollah assassination against Iran.Obtained judgment for estate and family of president of the American University in Beirut who was assassinated by members of Hezbollah in January 1984. Crowell & Moring obtained a judgment of more than $33 million in compensatory damages. Kerr, et al. v. Islamic Republic of Iran, et al., 245 F. Supp. 2d 59 (D.D.C. 2003).
  • Judgment on behalf of hostage victim against Iran.Obtained judgment for former hostage and his family for damages arising from February 1984 kidnapping and two months of captivity. Regier, et al. v. Islamic Republic of Iran, et al., 281 F. Supp. 2d 87; Civ. A. No. 01-1302 (JDB), 2003 U.S. Dist. LEXIS 15523 (D.D.C. Sept. 8, 2003).
  • $311 million judgment on behalf of hostage victim against Iran.Obtained a judgment on behalf of former hostage and his family for damages arising from May 1984 kidnapping and more than a year of captivity. Weir, et al. v. Islamic Republic of Iran, et al., A. No. 01-1303-TPJ, slip op. at 6 (D.D.C. Apr. 29, 2003).
  • $353 million judgment on behalf of 1985 kidnapping and hostage victim and his family against Iran. Recovery of a substantial portion of the judgment was made possible pursuant to legislation enacted by Congress through Crowell & Moring's efforts. Sutherland, et al. v. Islamic Republic of Iran, et al., 151 F. Supp. 2d 27 (D.D.C. 2001).
  • $331 million judgment on behalf of 1987 kidnapping and hostage victim and his family against Iran. Recovery of a substantial portion of the judgment was made possible pursuant to legislation enacted by Congress through Crowell & Moring's efforts. Polhill v. Islamic Republic of Iran, et al., A. No. 00-1798 (TPJ), 2001 U.S. Dist. LEXIS 15322 (D.D.C. Aug 23, 2001).
  • $316 million judgment on behalf of victims of 1984 bombing of U.S. Embassy Annex in Beirut, Lebanon against Iran. Recovery of a substantial portion of the judgment was made possible pursuant to legislation enacted by Congress through Crowell & Moring's efforts. Wagner, et al. v. Islamic Republic of Iran, et al., 172 F. Supp. 2d 128 (D.D.C. 2001).
  • $341 million verdict on behalf of hostage victim Terry Anderson against Iran.  Crowell & Moring also played a key role in the enactment of legislation by Congress to collect a large portion of the judgment from Iranian assets seized by the U.S. Government. Anderson, et al. v. Islamic Republic of Iran, et al., 90 F. Supp. 2d 107 (D.D.C. 2000).
  • Award on behalf of victim of Vienna airport bombing against Libya. The victim obtained a substantial payment as a result of the diplomatic settlement between the U.S. and Libya.

Insights

Client Alert | 4 min read | 10.23.23

Holding Iran Accountable for Hamas Terrorist Attacks

The world has watched in horror as tragedy has unfolded in Israel because of the brutal terrorist attacks carried out by Hamas.  Nothing can compensate for the devastating loss of life, for the trauma suffered by those injured or kidnapped, or for the grief, sorrow, fear, and anger felt by family members.  For the past twenty-five years, American victims or family members have held Iran accountable in U.S. courts for its sponsorship and support of murderous and terrorist acts like those carried out by Hamas in Israel.  The U.S. legal system may again be a vehicle to hold Iran and its proxies to account today....

Professionals

Insights

Client Alert | 4 min read | 10.23.23

Holding Iran Accountable for Hamas Terrorist Attacks

The world has watched in horror as tragedy has unfolded in Israel because of the brutal terrorist attacks carried out by Hamas.  Nothing can compensate for the devastating loss of life, for the trauma suffered by those injured or kidnapped, or for the grief, sorrow, fear, and anger felt by family members.  For the past twenty-five years, American victims or family members have held Iran accountable in U.S. courts for its sponsorship and support of murderous and terrorist acts like those carried out by Hamas in Israel.  The U.S. legal system may again be a vehicle to hold Iran and its proxies to account today....

Insights

Client Alert | 4 min read | 10.23.23

Holding Iran Accountable for Hamas Terrorist Attacks

The world has watched in horror as tragedy has unfolded in Israel because of the brutal terrorist attacks carried out by Hamas.  Nothing can compensate for the devastating loss of life, for the trauma suffered by those injured or kidnapped, or for the grief, sorrow, fear, and anger felt by family members.  For the past twenty-five years, American victims or family members have held Iran accountable in U.S. courts for its sponsorship and support of murderous and terrorist acts like those carried out by Hamas in Israel.  The U.S. legal system may again be a vehicle to hold Iran and its proxies to account today....