Elahi

Ministry of Defense and Support for the Islamic Republic of Iran v. Elahi

Good Law
United States Court of Appeals for the Ninth CircuitMay 30, 200703-55015California8,278 words

Opinion

Opinion

BACKGROUND

The Wrongful Death Default Judgment

Dr. Cyrus Elahi was shot and killed as he left his apartment building in Paris, France, on October 23, 1990. Elahi v. Islamic Republic of Iran, 124 F. Supp. 2d 97, 103 (D.D.C. 2000). His brother, Dariush Elahi, brought a wrongful death action against the state of Iran and the Iranian Ministry of Information and Security (“MOIS”) in the United States Dis- trict Court for the District of Columbia, claiming Iranian agents assassinated his brother. Id. at 97, 100. Although Iran and MOIS did not appear, the court heard testimony and read documentary evidence relating to the assassination;1 this evi- dence satisfied the court that Iran and MOIS were liable for Dr. Elahi’s death. Id. at 100-05, 114. It entered a default judg- ment against Iran and MOIS for $11.7 million in compensa- tory damages and punitive damages of $300 million. Id. at 115. It is this judgment that Elahi now seeks to satisfy by attaching the Cubic judgment. 1 Before a court may enter a default judgment against a foreign state, the Foreign Sovereign Immunities Act requires that the plaintiff “establish [ ] his claim or right to relief by evidence that is satisfactory to…

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