Stephen M. Flatow, Bank Saderat Iran, Claimant-Appellee v. The Islamic Republic of Iran
Opinion
Opinion
Bright, J.
Petitioner Stephen M. Flatow appeals the dismissal of his action to levy against California real estate owned by Bank Sad-erat Iran (“BSI”) pursuant to a default judgment entered against the Islamic Republic of Iran by the United States District Court for the District of Columbia. The District Court for the Southern District of California agreed with BSI that the property in question was not an asset of the judgment debtor and therefore released proceeds from the sale of the property and terminated Flatow’s action. We affirm the district court.
I. BACKGROUND
On April 9, 1995, Alisa Flatow, an American college student spending a semester studying in Israel, was killed in an explosion when the bus in which she was traveling collided with a van loaded with explosives. The United States Department of State later concluded that the Shaqiqi faction of the Palestine Islamic Jihad committed the bombing. The State Department also determined that the Islamic Republic of Iran provided material support and resources to the Palestine Islamic Jihad.
Shortly after the bombing, Congress amended the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1602-1611 , as part of the Antiterrorism…