MURPHY v. ISLAMIC REPUBLIC OF IRAN

distress, and if bodily harm to the other results from it, for such bodily harm." Restatement (Second) of Torts § 46(1). "Acts of terrorism are by their very definition extreme and outrageous and intended to cause the highest degree of emotional distress." Belkin v. Islamic Republic of Iran, 667 F. Supp. 2d 8 (D.D.C. 2009) (citing Stethem v. Islamic Republic of Iran, 201 F. Supp. 2d 78, 89 (D.D.C. 2002)). Accepting these plaintiffs' and intervenors' uncontroverted assertions that they did, in fact, suffer severe emotional and physical injury, Pls.' Compl. ¶¶ 26, 31, the Court concludes that defendants are liable for IIED.

The Court notes that these plaintiffs who have claimed assault, battery, and IIED may recover under only one of any such theories, as multiple recovery is prohibited. See, e.g., Beer v. Islamic Republic of Iran, 574 F. Supp. 2d. 1, 13 (D.D.C. 2008) (prohibiting double recovery for both IIED and wrongful death) (Lamberth, C.J.). The Court considers the amount of recovery to which these plaintiffs and intervenors are entitled in the section on damages below.

5. Claim Brought by an Estate for Wrongful Death.

A wrongful-death action is one brought by a decedent's heirs at law, and may be brought through the estate of the decedent, "for economic losses which result from a decedent's premature death." Flatow, 999 F. Supp. at 27. Only one estate-plaintiff has brought such a claim: the estate of Terrance Rich. Because defendants are liable for the extrajudicial killing of the decedent, see discussion supra Part IV.C.1., defendants are also liable for the economic damages caused to decedent's estate. The Court considers the amount of recovery to which this plaintiff is entitled in the section on damages below.

6. Claims Brought by Family Members of Victims for IIED.

Several family members of victims have brought IIED claims, alleging that extreme and outrageous conduct directed at third-person relatives caused these plaintiffs and intervenors severe emotional distress. These family members are plaintiffs Elizabeth Murphy and Bryan Harris — mother and half-brother, respectively, of Terrance Rich — and intervenors Mary E. Wells, Kerry M. L'Heureux, and Jane L. L'Heureux — mother and sisters, respectively, of John L'Heureux.

The Court notes that Elizabeth Murphy and Bryan Harris do not formally style their claim as one for IIED, but instead plead a claim for "loss of society." Pls.' Compl. ¶¶ 21-22. The particulars of the claim, however, read as one for IIED: "As the result of the death of Terrence Rich, his mother, Elizabeth Murphy, and surviving sibling, Bryan Harris, have suffered and will continue to suffer severe mental anguish and the loss of society." Id. ¶ 22. The sort of suffering claimed is compensated with solatium. Valore, 700 F. Supp. 2d at 85 ("Solatium is awarded to compensate the mental anguish, bereavement[,] and grief that those with a close personal relationship to a decedent experience as the result of the decedent's death, as well as the harm caused by the loss of the decedent['s] society and comfort." (internal quotation marks omitted)). "Under the FSIA, a solatium claim is indistinguishable from an IIED claim." Id. Accordingly, the Court construes these plaintiffs' claim as an allegation of IIED.

Iran is liable in this case under such claims if it (1) engaged in extreme and outrageous conduct (2) which was directed at persons other than plaintiffs (3) which intentionally or recklessly caused severe emotional distress, but not necessarily bodily harm, (4) to such persons' immediate family members — the immediate-family requirement — who were present at the time such conduct occurred — the presence requirement. Restatement (Second) of Torts § 46(1) — (2)(a). Although this fourth element appears to prohibit recovery for emotional injury by those not in the immediate family of the person to whom extreme and outrageous conduct is directed or by those who are not present at the time such conduct occurs, the drafters of the Restatement include a caveat: "The [American Law] Institute expresses no opinion as to whether there may not be other circumstances under which the actor may be subject to liability for the intentional or reckless infliction of emotional distress." Restatement (Second) of Torts § 46 Caveat. In other words, there may be instances where it is appropriate to permit recovery by individuals not satisfying the immediate-family or presence requirements.

Plaintiffs and intervenors have easily proven the first three elements. "Acts of terrorism are by their very definition extreme and outrageous and intended to cause the highest degree of emotional distress," Belkin v. Islamic Republic of Iran, 667 F. Supp. 2d 8 (D.D.C. 2009) (citing Stethem v. Islamic Republic of Iran, 201 F. Supp. 2d 78, 89 (D.D.C. 2002)), and the conduct was directed at servicemen, not family-member plaintiffs or intervenors. The immediate-family and presence requirements, however, require more discussion.

Concerning the immediate-family requirement, this Court has previously "adopted the strict meaning of `immediate family,' defined as one's spouse, parents, siblings, and children." Heiser II, 659 F. Supp. 2d at 28 (citing Jenco, 54 F. Supp. 2d at 36 n. 8). Immediate family members do include those of the half blood, as "[s]iblings of half-blood to the servicemen in this case are presumed to recover as a full-blood sibling would." Peterson II, 515 F. Supp. 2d at 52. All family-member plaintiffs and intervenors satisfy this requirement as either parents of siblings of servicemen. Concerning the presence requirement, the Restatement's caveat "suggests that . . . `[i]f the defendants' conduct is sufficiently outrageous and intended to inflict severe emotional harm upon a person which is not present, no essential reason of logic or policy prevents liability.'" Heiser II, 659 F. Supp. 2d at 27 (quoting Dan B. Dobbs, The Law of Torts § 307, at 834 (2000)). As this Court has noted, "[t]errorism, unique among the types of tortious activities in both its extreme methods and aims, passes this test easily." Id. One therefore need not be present at the time of a terrorist attack upon a third person to recover for severe emotional injuries suffered as a result. Family-member plaintiffs and intervenors, although not present at the Beirut bombing, may therefore recover for the emotional injuries they suffered as a result of that attack.

Although the Court has no occasion in this case to expand the immediate-family requirement to include non-immediate family members, the Court notes that is has been so expanded in a similar case. See Valore, 700 F. Supp. 2d at 79.

D. Jurisdiction.

In satisfaction of the final element of the FSIA-created cause of action, the Court has jurisdiction over this case, see discussion supra Part IV., for money damages, see discussion infra Part VI.

E. Conclusions Concerning Liability.

In this case, both defendants are considered a foreign state and were and are designated state sponsors of terrorism at all times and for reasons giving rise to liability under the FSIA. Additionally, the bases for the alleged liability of these defendants are actions of their officials, employees, and agents. Defendants are therefore subject to liability under the FSIA-created cause of action. Further, plaintiffs and intervenors all are or were nationals of the United States. Plaintiffs therefore fall into a class of individuals to whom defendants may be liable. Finally, though not liable for torture, defendants are liable for extrajudicial killing and the provision of material support and resources for such killing, which was committed by officials, employees, and agents of defendants; which caused injury under several theories of liability; and for which the Court has jurisdiction for money damages. Therefore, plaintiffs and intervenors may recover the appropriate amount of damages as determined by the Court infra Part VI.

VI. Damages.

The Court hereby adopts, just as it did in Peterson, all facts found and recommendations made by the special masters relating to all plaintiffs and intervenors in this case, except where recommendations as to family-member plaintiffs or intervenors deviate from the damages framework, discussed below. Peterson II, 515 F. Supp. 2d at 52-53. Any such deviations "shall be altered so as to conform with the respective award amounts set forth" in the framework, unless otherwise noted. Id. at 53.

A. Damages Available.

Damages available under the FSIA-created cause of action "include economic damages, solatium, pain and suffering, and punitive damages." § 1605A(c). Accordingly, those who survived the attack can recover damages for their pain and suffering, as well as any other economic losses caused by their injuries; estates of those who did not survive can recover economic losses stemming from wrongful death of the decedent; family members can recover solatium for their emotional injury; and plaintiffs who have requested them can recover punitive damages.

"To obtain damages against defendants in an FSIA action, the plaintiff must prove that the consequences of the defendants' conduct were `reasonably certain (i.e., more likely than not) to occur, and must prove the amount of the damages by a reasonable estimate consistent with this [Circuit's] application of the American rule on damages.'" Salazar, 370 F. Supp. 2d at 115-16 (quoting Hill v. Republic of Iraq, 328 F.3d 680, 681 (D.C. Cir. 2003) (internal quotations omitted)). As discussed above, plaintiffs have proven that the defendants' commission of acts of extrajudicial killing and provision of material support and resources for such killing was reasonably certain to — and indeed intended to — cause injury to plaintiffs. The Court now discusses reasonable estimates of the different damages sought under the FSIA-created cause of action. The damages awarded are laid out in the tables in the separate Order and Judgment issued this date.

B. Damages Awarded in This Case.

Survivors of the Beirut Bombing are entitled to damages for the pain and suffering they endured and continue to endure to this day, as well as damages for economic losses. The one estate plaintiff is entitled to damages for economic loss suffered by decedent's estate. Family members of victims of the Beirut Bombing are entitled to solatium. Finally, those plaintiffs who have requested them are entitled to punitive damages.

Plaintiffs and intervenors have also requested that the Court award costs of suit. Plaintiffs and intervenors do not need to specifically request that the Court award costs. Instead, they should prepare a bill of costs per Local Civil Rule 54.1.

1. Pain and Suffering of Survivors.

Damages for surviving victims are determined based upon an assessment of such factors as "the severity of the pain immediately following the injury, the length of hospitalization, and the extent of the impairment that will remain with the victim for the rest of his or her life." Peterson II, 515 F. Supp. 2d at 52 n. 26 (quotation omitted). "In awarding pain and suffering damages, the Court must take pains to ensure that individuals with similar injuries receive similar awards." Peterson II, 515 F. Supp. 2d at 54. Thus in Peterson, the Court granted a baseline award of $5 million to individuals suffering such physical injuries as compound fractures, severe flesh wounds, and wounds and scars from shrapnel, as well as "lasting and severe psychological pain." Id. The Court was willing to depart upward from this baseline to between $7.5 and $12 million in more severe instances of physical and psychological pain, such as where victims suffered relatively more numerous and severe injuries, were rendered quadriplegic, partially lost vision and hearing, or were mistaken for dead, as was one soldier who "was placed in a body bag [and] buried alive in a morgue for four days until someone heard him moaning in pain." Id. Similarly, the Court was willing to depart downward to between $2 and $3 million where victims suffered only minor shrapnel injuries or minor injury from small-arms fire. Id. With these considerations in mind, the Court now analyzes the recommendations of the special master.

Concerning Armando J. Ybarra, the special master recommended that the Court not deviate from its damages framework. Rpt. of Special Master Pursuant to Order of Reference Concerning Count V (Armando J. Ybarra) 11, June 10, 2010, ECF No. 55 [hereinafter Ybarra Rpt.]. In the immediate aftermath of the attack, Mr. Ybarra was buried under concrete for several hours, which cut and crushed — but did not break — his right leg, causing severe muscle and nerve damage. Id. at 5-6. The rest of his body was riddled with shrapnel. Id. at 6. Today, he has no feeling in his lower right leg; his injured limb is prone to recurrent infection; he requires the assistance of a cane, walker, or wheelchair for mobility; and suffers from depression and post-traumatic stress disorder. Id. at 7-8. These injuries are serious and life-long and

comport with the sorts of injuries for which a baseline award is made. Accordingly, the Court agrees that Mr. Ybarra should receive $5,000,000.00 in damages for pain and suffering.

Concerning John E. L'Heureux, the special master recommended that the Court depart upward from its baseline to $7.5 million. Rpt. of Special Master Pursuant to Order of Reference Concerning Count VI (John L'Heureux) 20, July 15, 2010, ECF No. 56 [hereinafter L'Heureux Rpt.]. In the immediate aftermath of the Attack, Mr. L'Heureux suffered severe and multiple injuries, including an "impaled rectum by an object that split his sphincter and pierced his stomach; [a] crushed kidney; [a] fractured pelvis; [a] detached ear; cuts and abrasions over 80 to 90% of his body; [the wearing of a] colostomy bag for 11 months[,] and damage to his legs and feet that confined him to a wheelchair for many months." Id. at 5. Today, he continues to suffer from severe physical and emotional pain, including anxiety and post-traumatic stress disorder. Id. at 7. He is 100% disabled. Id. at 20. Given the severity, number, and life-long deleterious effect of Mr. L'Heureux's injuries, the Court agrees that an upward departure is warranted. Accordingly, the Court agrees that Mr. L'Heureux should receive $7,500,000.00 in damages for pain and suffering.

2. Economic Loss of Survivors.

In addition to pain and suffering, the plaintiffs who survived the attack proved to the satisfaction of the special master, and thus to the satisfaction of the Court, lost wages resulting from permanent and debilitating injuries suffered in the attack. See Ybarra Rpt. 11-12, L'Heureux Rpt. 20-21. Based on economic reports submitted to the special master by a forensic economist, the master recommends that Mr. Ybarra should receive $2,123,146.00 and that Mr. L'Heureux should receive $3,197,369.00. in damages for economic loss. The Court agrees.

3. Economic Loss of Decedent.

The one estate plaintiff — Estate of Terrance Rich — has proven to the satisfaction of the special master, and thus to the satisfaction of the Court, loss of accretions to the estate resulting from the wrongful death of decedent in the attack. See Rpt. of Special Master Pursuant to Order of Reference Concerning Count IV (Elizabeth Murphy and Bryan Harris), July 22, 2010, ECF No. 57 [hereinafter Rich Rpt.]. Based on economic reports submitted to the special master by a forensic economist, the master recommends that the estate should receive $1,545,055.00. The Court agrees.

4. Solatium of Family Members.

Solatium is awarded to compensate the "the mental anguish, bereavement[,] and grief that those with a close personal relationship to a decedent experience as the result of the decedent's death, as well as the harm caused by the loss of the decedent['s] society and comfort." Belkin, 667 F. Supp. 2d at 22 (citing Dammarell v. Islamic Republic of Iran, 281 F. Supp. 2d 105, 196-97 (D.D.C. 2003); Elahi, 124 F. Supp. 2d at 110). "In determining the appropriate award of damages for solatium, the Court may look to prior decisions awarding damages for intentional infliction of emotional distress as well as to decisions regarding solatium." Acosta v. Islamic Republic of Iran, 574 F. Supp. 2d 15, 29 (D.D.C. 2008) (citing Haim v. Islamic Republic of Iran, 425 F. Supp. 2d 56, 71 (D.D.C. 2006) (Lamberth, J.)) (Lamberth, C.J.).

In Peterson, this Court adopted the framework set forth in Heiser as "an appropriate measure of damages for the family members of victims who died" in the Beirut bombing. Peterson II, 515 F. Supp. 2d at 51 (citing Heiser I, 466 F. Supp. 2d at 271-356). That framework awarded valid claims brought by parents and siblings of deceased servicemen $5 million and $2.5 million each, respectively. Relatives of surviving servicemen received awards

valued at half of the awards to family members of the deceased: $2.5 million for parents, and $1.25 million for siblings. Although "the loss suffered" by family members of victims "is undeniably difficult to quantify," Heiser I, 466 F. Supp. 2d at 269, a review of similar cases shows that the damages framework as laid out in Peterson has strong precedential support, see, e.g., Valore, 700 F. Supp. 2d at 85; Brewer, 664 F. Supp. 2d at 57-58; Heiser II, 659 F. Supp. 2d at 27 n. 4; Anderson v. Islamic Republic of Iran, 90 F. Supp. 2d 107, 113 (D.D.C. 2000); Eisenfeld, 172 F. Supp. 2d at 10-11; Flatow, 999 F. Supp. at 29-32.

These numbers, however, are not set in stone. The Court may award greater amounts in cases "with aggravating circumstances," Greenbaum v. Islamic Republic of Iran, 451 F. Supp. 2d 90, 108 (D.D.C. 2006) (Lamberth, J.), indicated by such things as "[t]estimony which describes a general feeling of permanent loss or change caused by decedent's absence" or "[m]edical treatment for depression and related affective disorders," Flatow, 999 F. Supp. at 31. Such departures are usually relatively small, absent "circumstances that appreciably worsen" a claimant's "pain and suffering, such as cases involving torture or kidnapping" of the party to whom extreme and outrageous conduct was directed. Greenbaum, 451 F. Supp. 2d at 108 (departing upward from $8 million to $9 million in a widower's award upon consideration of "the severity of his pain and suffering due to the loss of his wife and unborn first child"). Conversely, the Court may depart downward in amount where the relationship between the claimant and the decedent is more attenuated. See, e.g., Smith ex rel. Smith v. Islamic Emirate of Afghanistan, 262 F. Supp. 2d 217, 236 (S.D.N.Y. 2003). With these considerations in mind, the Court now analyzes the recommendations of the special master.

The special master found no circumstances compelling a deviation form the damages framework for any family-member plaintiffs or intervenors in this case. Rich Rpt. 15; L'Heureux Rpt. 20. The Court agrees. Although these plaintiffs and intervenors suffered great personal loss at the death of family members dearly loved, none suffered the particularly devastating and uniquely acute suffering warranting an upward departure, such as nervous breakdowns or self-destructive behavior. See, e.g., Valore, 700 F. Supp. 2d at 86. Accordingly, the Court agrees that Elizabeth Murphy, mother of deceased serviceman Terrance Rich, should receive $5,000,000.00; Bryan Harris, half-brother of decedent Terrance Rich, should receive $2,500,000.00; Mary E. Wells, mother of surviving serviceman John L'Heureux, should receive $2,500,000.00; and Kerry M. L'Heureux and Jane L. L'Heureux, sisters of surviving serviceman John L'Heureux, should each receive $1,250,000.00.

5. Punitive Damages.

Only two plaintiffs — Armando J. Ybarra and John E. L'Heureux — have specifically requested an award of punitive damages. Pls.' Compl. ¶¶ 27, 32. Neither the other plaintiffs nor intervenors have made a similar request in their pleadings. See Pls.' Compl; Ints.' Compl. "A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings." Fed.R.Civ.P. 54(c). Accordingly, in this default judgment, the Court will only award punitive damages to those plaintiffs who have demanded them.

Punitive damages, only recently made available under the revised FSIA terrorism exception, serve to punish and deter the actions for which they awarded. In re Islamic Republic of Iran Terrorism Litig., 659 F. Supp. 2d at 61; Heiser II, 659 F. Supp. 2d at 29-30; Acosta, 574 F. Supp. 2d at 30 (citing Restatement (Second) of Torts § 908(1)). Punitive damages are not meant to compensate the victim, but instead meant to award the victim an amount of money that will punish outrageous behavior and deter such outrageous conduct in the future. In determining the proper punitive damages award, courts evaluate four factors: "(1) the character of the defendants' act, (2) the nature and extent of harm to the plaintiffs that the defendants caused or intended to cause, (3) the need for deterrence, and (4) the wealth of the defendants." Acosta, 574 F. Supp. 2d at 30 (citing Flatow, 999 F. Supp. at 32 (citing Restatement (Second) of Torts § 908)). The nature of the defendants' acts and the nature and extent of the harm defendants intentionally caused are among the most heinous the Court can fathom. See Bodoff, 424 F. Supp. 2d at 88 (determining a bus bombing, for which Iran was held liable, to be "extremely heinous").

"The defendants' demonstrated policy of encouraging, supporting and directing a campaign of deadly terrorism is evidence of the monstrous character of the bombing that inflicted maximum pain and suffering on innocent people." Campuzano v. Islamic Republic of Iran, 281 F. Supp. 2d 258, 278 (D.D.C. 2003) (concerning a separate bus bombing for which Iran and MOIS were held liable). As to deterrence and wealth, Dr. Patrick Clawson, an expert on Iranian terrorism activities, has testified in several cases on the amounts of punitive damages that would serve to deter Iran from supporting terrorist activities against nationals of the United States. See, e.g., Flatow, 999 F. Supp. at 32; Heiser II, 659 F. Supp. 2d at 30. Two numbers are at issue: the multiplicand — the amount of Iran's annual expenditures on terrorist activities — and the multiplier — the factor by which the multiplicand should be multiplied to yield the desired deterrent effect.

Concerning the multiplicand, most recently in Valore, Dr. Clawson declared that "the financial material support provided by Iran in support of terrorism is in the range of $300 million to $500 million a year." Clawson Aff. ¶ 4, Valore, No. 03-cv-1959 (D.D.C. Mar. 31, 2010), ECF No. 58. Dr. Clawson based his range on Iran's provision of approximately $200 million in direct cash assistance to Hezbollah in 2008, as well as the provision since 2006 of "many tens of millions of dollars" worth of sophisticated weaponry, including some 40,000 rockets. Id. ¶ 3.a. (citing U.S. Dep't of State, Country Reports on Terrorism 2008, at 183 (2009), available at http://www.state.gov/documents/organization/122599.pdf.). The Court adopted $200 million as the multiplicand in Valore, as that value was "based on the known amount of Iran's annual cash assistance specifically to Hezbollah and does not require the Court to waver from its neutrality concerning terrorism financing by hazarding a guess as to the value of any non-cash assistance also provided to Hezbollah." 700 F. Supp. 2d at 88.

Concerning the multiplier, Dr. Clawson testified in Flatow that a factor of three times Iran's annual expenditures on terrorism "would be the minimum amount in punitive damages that would affect the conduct of the Islamic Republic of Iran, and that a factor of up to ten times its annual expenditure for terrorism must be considered to constitute a serious deterrent to future terrorist activities aimed at United States nationals." 999 F. Supp. at 32. In Heiser, however, he recommended a factor between three and five, as opposed to three and ten. 659 F. Supp. 2d at 30. In both cases, the Court conservatively adopted the lower multiplier of each range: three.

In the action to which this action is related — Valore — the Court adopted five as the multiplier. 700 F. Supp. 2d at 89. This higher number was "based on the suggestion by Dr. Clawson that Iran has recently begun to more actively participate in litigation in the United States and elsewhere." Id. (citing Clawson Aff. ¶ 6). The Court emphatically pronounced that "Iran's support of terrorism against citizens of the United States absolutely will not be tolerated by the courts of this nation" and that "adopting five as a multiplier . . . will hold Iran to account." Id. Multiplying $200 million by five, the Court awarded punitive damages in the amount of $1 billion. Id.

Today, the Court is faced with a quandary. Punitive damages have already been awarded in Valore, which concerned the same incident as this case — the Beirut Bombing. Recurrent awards in case after case arising out of the same facts can financially cripple a defendant, over-punishing the same conduct through repeated awards with little additional deterrent effect, and awards in several cases arising out of the same facts can differ, creating anomalous results. 1 Linda L. Schlueter, Punitive Damages § 4.4(A)(5)(b)-(c) (5th ed. 2005); 1 John J. Kircher Christine M. Wiseman, Punitive Damages, Law and Practice § 5:26 (2d ed. 2000); see State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408, 423 (2003) (noting concern for "multiple punitive damages awards for the same conduct"). How, then, should the Court award punitive damages in a subsequent case arising out of the same facts as a former case in which punitive damages have already been awarded? The Supreme Court's recent decision in Philip Morris USA v. Williams offers insight into how the Court might answer this question. 549 U.S. 346 (2007).

In Phillip Morris, the Court held that punitive damages may only be awarded to punish and deter actions of defendants with respect to the plaintiffs in the particular case in which punitive damages are sought. Id. at 356-57. Punitive damages may not be issued to punish harm caused to others who are not party to a suit, as such damages would constitute an unconstitutional taking of property from defendants without due process. Id. at 349, 353-55. In other words, "under Phillip Morris punitive damages awards are personal to each plaintiff." Byron G. Stier, Now It's Personal: Punishment and Mass Tort Litigation After Philip Morris v. Williams, 2 Charleston L. Rev. 433, 454 (2008). Phillip Morris has thus largely solved the problem of multiple punishments: when punitive damages are personal to plaintiffs in a given case, they are not necessarily excessive when awarded in a subsequent case, even arising out of the same facts, if the subsequent case involves different plaintiffs. See id. at 454-58.

But the question still remains: What is the proper punitive-damages award in such a subsequent case? If the Court were to simply re-enter an award of $1 billion in this case, which involves only two plaintiffs who have requested punitive damages, after having previously entered the same amount in the consolidated Valore, which involved approximately 100 plaintiffs who requested punitive damages, the disparity between the two cases' plaintiffs' shares of punitive damages would be severe. The Court is not concerned with that disparity from the perspective of compensation. Punitive damages are not intended to compensate plaintiffs. The fact that there may be variance from one case to another, even where those cases arise out of the same facts, such that some plaintiffs enjoy a higher award than others, raises no concern for inequitable compensation. The Court is concerned, however, with that disparity from the perspective of the post- Phillip Morris plaintiff-personal purpose of punishment.

Where there is more than one case arising out of the same facts, an analysis of the amount of punitive damages awarded compared with the amount of compensatory damages awarded can be used to gauge the amount of punishment and deterrence the Court considered necessary based on the injuries plaintiffs to that case suffered. Where injuries suffered by separate plaintiffs in a second case are of the same sort as those suffered by plaintiffs in the first, there is no reason to deviate in the second case from the conclusion reached in the first as to the ratio of punitive-to-compensatory damages. For example, if a court awarded $1,000,000.00 in punitive damages and $100,000.00 in compensatory damages in the first case, it makes sense to award $10.00 in punitive damages for every $1.00 awarded as compensatory in the second. Adopting this method, the Court will comport with its conclusions made in Valore as to the appropriate level of punishment and deterrence needed, while also ensuring that punitive damages are personal to plaintiffs in this case.

In Valore, the Court awarded damages in the amount of $1,290,291,092.00, of which $290,291,092.00 was compensatory and $1,000,000,000.00 was punitive. Revised Order and Judgment, Valore, No. 03-cv-1959 (D.D.C. Sept. 20, 2010), ECF No. 71. The Court thus concluded that for every dollar's worth of injury as measured by compensatory damages, the appropriate amount needed to punish defendants for and deter defendants from terrorism was $3.44 (when rounded to the nearest cent). The Court retains that ratio today. Accordingly, for

In Exxon Shipping Co. v. Baker, the Supreme Court recently limited a punitive damages award to a maximum of a 1:1 ratio with compensatory damages awarded. 128 S.ct. 2605 (2008). In Valore, the Court distinguished Exxon:

To the extent that some plaintiffs may share in a punitive damages award higher than their compensatory award, and thus with a ratio of punitive to compensatory damages higher than 1:1, Exxon is distinguishable from this case. First, Exxon concerned punitive damages awarded under maritime law, not the FSIA; the Supreme Court explicitly limited its holding, noting that "a 1:1 ratio . . . is a fair upper limit in such maritime cases." [ Exxon, 128 S.ct.] at 2633 (emphasis added). But more importantly, the Supreme Court decided a case "with no earmarks of exceptional blameworthiness in the punishable spectrum." Id. When "the supertanker Exxon Valdez grounded on Bligh Reef off the Alaskan coast, fracturing its hull and spilling millions of gallons of crude oil into Prince William Sound," the defendants acted recklessly but "without intentional or malicious conduct." Id. at 2612, 2631 n. 23, 2633. The Supreme Court left open the possibility that defendants who do act with intent or malice might be subject to higher ratios of punitive to compensatory damages. See id. at 2633.

This is a case where higher ratios are clearly warranted. Those harboring a deep-seeded and malicious hatred of the United States who intentionally commit terroristic murder of American military servicemen deserve to be punished at a ratio significantly higher than 1:1 with the compensatory damages for which they are otherwise liable. Moreover, even after Exxon, this District has repeatedly awarded punitive-damages awards in FSIA cases without concern that such damages may have been awarded at a higher ratio than 1:1 with compensatory damages. See, e.g., Heiser II, 659 F. Supp. 2d at 30-31; Acosta, 574 F. Supp. 2d at 30-31; Brewer, 664 F. Supp. 2d at 59 ("There is no reason to depart from settled case law regarding the amount of punitive damages in terrorism cases.").

Valore, 700 F. Supp. 2d at 89 n. 17; see also Duckworth v. U.S. ex rel. Locke, 2010 WL 1499490, at *16 n. 14. (D.D.C. Apr. 15, 2010). The Court retains this distinction today.

those plaintiffs who have prayed for punitive damages, the Court will award $3.44 in punitive damages for every dollar of compensatory damages awarded to each such plaintiff.

VIII. Conclusion.

Iran and MOIS are responsible for the deaths and injuries of hundreds of American servicemen; are liable for physical, emotional, and pecuniary injuries suffered as a result; and deserve to be punished to the fullest legal extent possible. In a recent interview, Iranian President Mahmoud Ahmadinejad declared that he and his country "oppose terrorism. We strongly oppose" it. Interview by George Stephanopoulos, Chief Political Correspondent, ABC News, with Mahmoud Ahmadinejad, President, Iran (May 5, 2010), transcript available at http://abcnews.go.com/print?id=10558442. The Court sincerely hopes that the compensatory damages awarded today help to alleviate plaintiffs' and intervenors' injuries, and that the punitive damages also awarded inspire Iran to adhere to its professed opposition to terrorism.

A separate Order and Judgment consistent with these findings shall issue this date.