Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Fraenkel v. Islamic Republic of Iran

United States District Court, District of Columbia

July 30, 2018

RACHEL DEVORA SPRECHER FRAENKEL, et al., Plaintiffs,
v.
ISLAMIC REPUBLIC OF IRAN, et al., Defendants.

          MEMORANDUM OPINION ON RECONSIDERATION

          ROSEMARY M. COLLYER, UNITED STATES DISTRICT JUDGE.

         The Fraenkel Family sued the Syrian Arab Republic, Islamic Republic of Iran, and Iranian Ministry of Information and Security (MOIS), as supporters of Hamas, for the murder by Hamas of 16-year-old Naftali Fraenkel, son and brother. The Court ruled for the Fraenkels and awarded money damages. The Fraenkels appealed the sufficiency and reasoning behind the damages awards and the D.C. Circuit affirmed in part, reversed in part, and remanded for this Court to reconsider solatium damages. This Court has reconsidered and increased the awards for solatium damages. The Fraenkel Family now asks again for reconsideration, seeking a further increase in their damages. The Court will deny the motion.

         I. BACKGROUND

         The Court provided an in-depth description of the facts in its Memorandum Opinion on the original motion for default judgment and will not repeat it here. See Fraenkel v. Islamic Rep. of Iran, 248 F.Supp.3d 21 (D.D.C. 2017) (Fraenkel I). In short, the Fraenkels sued Iran, Syria, and MOIS on July 9, 2015 after Naftali's murder; the Court held a two-day hearing on the their Motion for Default Judgment on December 6-7, 2016; and, after briefing, on March 31, 2017, the Court issued its Memorandum Opinion and Order, finding in favor of the Fraenkels and awarding $1 million in pain and suffering damages to Naftali's estate; $3.1 million in solatium damages to the U.S.-citizen plaintiffs; $1 million in solatium damages to Abraham Fraenkel, a citizen of Israel; and $50 million in punitive damages. See Final Order [Dkt. 40].

         The Fraenkels moved to reopen the case on the same day the Court's Final Order issued; the Court denied that motion. See 4/3/2017 Minute Order. The Fraenkels then moved to reconsider the damages award; the Court also denied that motion. See Fraenkel v. Islamic Rep. of Iran, 258 F.Supp.3d 77 (D.D.C. 2017) (Fraenkel II). Fraenkel II clarified the award by identifying the specific amounts in solatium damages awarded to each of the U.S.-citizen family members. See id. at 85.

         When the Fraenkels appealed, the U.S. Court of Appeals for the District of Columbia Circuit affirmed in part, reversed in part, and remanded to reconsider the solatium damages. The Circuit ordered this Court to determine such damages by applying the relevant factors articulated in Flatow v. Islamic Rep. of Iran, 999 F.Supp. 1, 30-32 (D.D.C. 1998), and without considering nationality or “assumption of risk.” Fraenkel v. Islamic Rep. of Iran, 892 F.3d 348, 357-61 (D.C. Cir. 2018) (Fraenkel III). On remand, the Fraenkels submitted supplemental information. See Supp. Mem. [Dkt. 51]. The Court issued its Memorandum Opinion on remand on July 13, 2018, awarding the following solatium damages:

Rachelle Fraenkel - $2, 000, 000
Abraham Fraenkel - $2, 000, 000
Tzvi Amitay Fraenkel - $750, 000
Ayala Chaya Hinda Fraenkel - $750, 000
A.L. Fraenkel - $750, 000
N.E. Fraenkel - $750, 000
N.S. Fraenkel - $750, 000
S.R. Fraenkel - $750, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.