February 27, 2025
Willkie secured a major victory on behalf of American servicemembers and civilians killed or wounded in Iraq using the Foreign Sovereign Immunity Act (FSIA), securing $1.1 billion in damages against Iran for its support of terrorism. The award consists of $555 million in compensatory damages including prejudgment interest and $555 million in punitive damages. Ryan Sparacino of Sparacino PLLC served as co-counsel. The case was first filed in 2021.
On September 30, 2024, Judge Randolph D. Moss of the District Court for the District of Columbia issued a memorandum opinion in Robert Martino et al. v. Islamic Republic of Iran, No. 21-1808, finding Iran liable for providing material support to the terrorist organizations that killed or injured the plaintiffs and/or their family members in a subset of 45 attacks. On February 25, 2025, Judge Moss issued a final order adopting the recommendation for damages by the Special Master, Stephen A. Saltzburg, and awarding $1.1 billion to 45 plaintiffs represented by Willkie along with co-counsel at Sparacino PLLC. Willkie’s and Sparacino’s clients will be eligible to recover substantial portions of their damages awards from the U.S. Victims of State Sponsored Terrorism Fund (USVSSTF), among other means.
Utilizing the terrorism exception to the FSIA, the suit alleged that Iran provided material support to terrorist organizations who carried out attacks in Iraq that caused the death and injuries of 45 servicemembers, civilians serving abroad, and their families. Under the FSIA, plaintiffs are required to prove their case even where Iran does not appear in court to defend the claims.
Willkie’s victory relied on its early successful litigation of numerous FOIA lawsuits against federal agencies in order to obtain documentary evidence needed to prove plaintiff’s claims. The information was compiled into a massive default motion submission as well as a detailed report analyzing the evidence to opine on Iran’s involvement in each of the attacks that harmed plaintiffs. This obviated the need for a live evidentiary hearing, allowing plaintiffs to receive default judgment against Iran on briefing alone.
The case builds on Willkie’s previous success in securing wins against Iran for U.S. victims of terrorism. In October 2022, Gottlieb and Reddick secured $455 million in damages against Iran in another case brought by U.S. soldiers and civilians hurt or killed in terrorism attacks in Iraq. In July 2022, Willkie, along with co-counsel at Sparacino and Kellogg, Hansen, Todd, Figel & Frederick, PLLC, helped secure a significant win against Iran in its consolidated suits representing hundreds of additional Gold Star families and veterans injured by Iran-supported terrorist attacks in Afghanistan. Willkie continues to represent hundreds of additional Martino plaintiffs whose claims will be submitted to special masters appointed by the court.
The Willkie team was led by partners Nicholas Reddick and Michael Gottlieb, but relied heavily on the leadership, collaboration, and outstanding work product generated by a stellar team including associates Devin Ringger, Nicholas Conlon, Logan Kenney, Alexis Dorner, Erik Holmvik, Trevor Newton, and Lindsay Hemminger.
