Rubin v. Islamic Republic of Iran

In 1997 Hamas suicide bombers blew themselves up on a crowded Jerusalem pedestrian mall. The grievously injured included eight U.S. citizens who filed a civil action against the Islamic Republic of Iran for its role in providing material support to the attackers. Iran was subject to suit as a state sponsor of terrorism under the Foreign Sovereign Immunities Act, 28 U.S.C. 1605(a)(7). A district judge entered a $71.5 million default judgment. Iran did not pay. Among other efforts, the plaintiffs sought to execute on ancient Persian artifacts: the Persepolis, Chogha Mish, and Oriental Institute Collections, all in the possession of the University of Chicago; and the Herzfeld Collection, split between the University and Chicago’s Field Museum. The Seventh Circuit affirmed the district judge’s conclusion that attachment and execution were unavailable under the Terrorism Risk Insurance Act of 2002, 28 U.S.C. 1610, which permits holders of terrorism-related judgments to execute on assets that are “blocked” by executive order under certain international sanctions provisions. The assets are not blocked by existing executive order. Nor does section 1610(a) apply. That provision permits execution on a foreign state’s property “used for a commercial activity in the United States.” The foreign state, Iran, did not put the artifacts to any commercial use. View "Rubin v. Islamic Republic of Iran" on Justia Law