| The Iraq CasesHill v. Republic of Iraq + Vine v. Republic of Iraq | ||
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Contact UsBelow are important guidelines and information about contacting plaintiffs' counsel in this case. |
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Frequently Asked Questions:
1. Who can bring a claim ?In November 2001, Judge Jackson closed the Hill case to new plaintiffs. Accordingly, on December 27, 2001, we filed the Vine case, which presently involves 236 plaintiffs To participate in the Vine case, you must fall within one of the two categories of persons that are covered by the suits. The first such category consists of all American citizens who were physically present in Iraq and Kuwait at any time between August 2, 1990 and December 1990, and who, during that period, were taken hostage by the Iraqi government. In the Hill case Judge Jackson ruled that any American citizen who was held in Iraq or Kuwait against his or her will, during the period after August 2, 1990, was a “hostage” within the meaning of U.S. and international law. Accordingly, you may participate in the case, regardless of whether you were in the physical custody of Iraqi security forces (e.g. you were “in hiding” or forced to take refuge at a U.S. diplomatic property). The second category of persons covered by the suit consists of the spouses of American citizens who were held hostage, regardless of whether those spouses were themselves American citizens. Therefore, in order to participate in the Vine suit, one must be either an American citizen who was detained in Kuwait or Iraq between August 2, 1990 and December 1990, or the spouse of such an American citizen. 2. Can Iraq be sued in a US court for the acts of hostage taking that are the subject of this suit ?Prior to 1996, it would not have been possible for Iraq or any other foreign state to be sued in U.S. courts for terrorist acts committed against American citizens outside the territory of the United States. Under the Foreign Sovereign Immunities Act (“FSIA”), which governs suits against foreign nations, countries engaging in terrorist acts abroad were immune from suit. In 1996, however, Congress amended the FSIA to permit American citizens to sue terrorist states such as Iraq, when they commit or sponsor certain specified acts of terrorism against American citizens. Relying on that amendment, the court ruled in the Hill case that Iraq can be held accountable in U.S. courts for taking American citizens hostage following its invasion of Kuwait. Furthermore, although Iraq is no longer a terrorist state, the Vine plaintiffs can continue to pursue their claims against Iraq under the FSIA, because Iraq was a terrorist state at the time it committed the acts of hostage-taking about which they complain. 3. What will it cost me to participate? Do I have to pay a retainer fee?It will cost you nothing to participate in this litigation. We will recover attorneys’ fees and expenses only if you prevail and obtain payment. 4. Will the litigation be successful?In the Hill case, the court issued a default judgment on behalf of the plaintiffs in which it found Iraq liable for its conduct in taking them hostage and awarded each of the 180 plaintiffs damages in amounts ranging from $40,000 to $1,749,000, with an average award of approximately $500,000. Those compensatory damage judgments have been collected in full. No judgments have yet been entered in the Vine case. Moreover, unlike the situation in the Hill case, the Iraqi government has appeared in Vine and is seeking to have that case dismissed on various legal grounds. In our view, none of Iraq's legal arguments have merit. Moreover, we believe that Judge Jackson’s decision provides an important precedent, and we are hopeful that compensatory damage judgments will eventually be awarded in the Vine case in amounts similar to those that were awarded in the Hill case. We must add, however, that, owing to the uncertainties of litigation, we are unable to guarantee a positive result for any individual plaintiff. It also remains uncertain whether any of the plaintiffs will ever succeed in collecting their judgments. 5. Assuming damages are awarded, how can the Court force Iraq to pay?On November 26, 2002, Congress enacted the Terrorism Risk Insurance Act (“TRIA”), which confirmed the right of American victims of state sponsored terrorism to collect their compensatory damage judgments from the frozen assets of terrorist states. Relying on the TRIA, the Hill plaintiffs were able to enforce their compensatory damage judgments against Iraq from blocked Iraqi assets in the United States in March 2003. Since that time, however, the Bush Administration has seized all blocked Iraqi assets in this country and earmarked those assets for the reconstruction of Iraq. As a result, the seized Iraqi assets are no longer available for the collection of terrorism judgments against Iraq. We are, however, presently engaged in efforts to persuade the Bush Administration and the Congress to establish a funding mechanism that will enable the Vine plaintiffs and other victims of Iraqi terrorism to obtain compensation for the injuries they have suffered at the hands of the former regime. 6. How long will it take for the litigation to be resolved?The Hill case was filed in December 1999, the claims of all of the plaintiffs in that case were resolved by September 2002, and compensatory damage awards totaling in excess of $94 million were collected in March 2003. The schedule in the Vine case is uncertain. Iraq filed its motion to dismiss in February 2005 and it is unlikely that the court will rule on that motion before June. Assuming a favorable ruling, we will attempt to move the case in the district court as rapidly as possible, but the schedule is up to the judge and it is unlikely that the case will proceed to judgment before 2006. 7. What does the litigation seek to accomplish? How will I benefit from it?The cases seek to hold Iraq accountable for the abuses of human rights it has perpetrated against American citizens, by obtaining monetary relief for those that it took hostage, and for their spouses. The suits seek compensatory damages, which are designed to compensate American victims of Iraqi terrorism for the losses that they have suffered. 8. How much is my claim worth?The Hill and Vine actions seek damages in order to compensate all of the American victims of Iraqi hostage taking for the injuries that they have suffered. A principal component of those damages is the loss of liberty that was experienced by each one of the hostages and the emotional suffering that he or she (or his or her spouse) endured as a consequence of the hostage taking. The amount of damages that each individual is entitled to will vary depending upon the duration of his or her confinement and the severity of his or her experience. In the Hill case, Judge Jackson awarded each of the hostages per diem damages in amounts that generally ranged from $3,000 to $5,000 per day for each day of detention. In addition, he awarded further damages, ranging from $100,000 to $500,000, for post-release emotional distress, depending on the severity and duration of the symptoms. Additional compensation may be available for other injuries and losses that a hostage might have suffered as a result of his or her detention, including serious physical injuries and lost income. Finally, Judge Jackson awarded loss of consortium damages, ranging from $100,000 to $300,000 to the spouses of those held hostage. It is important to bear in mind, however, that the Hill case proceeded by default and there is no guarantee that Judge Kennedy will issue similar awards in the Vine case. If you would like to obtain more specific information relating to the value of your claim, please contact Daniel Wolf via e-mail at dan@danielwolflaw.com or by telephone at (202) 842-2170. 9. Can I pursue my claim in court if I have already filed a claim with the United Nations and received payments?Yes. The claims process instituted by the United Nations, under which small amounts were paid as compensation for the injuries suffered by some of the American victims of Iraqi hostage taking, was neither intended to be a complete nor an exclusive remedy. Accordingly, the fact that you may have filed a claim or received payments does not preclude you from participating in a legal action such as this. However, any recovery you obtain in this action may well be offset by the amount you received through the United Nations claims process. 10. What experience do the lawyers have handling this type of litigation?Daniel Wolf, lead counsel in both the Hill and Vine cases, has extensive experience litigating cases involving foreign governments and in defending the rights of victims of human rights abuses. Mr. Wolf has played a lead role in prosecuting cases on behalf of victims of torture and other egregious abuses of human rights, and has been at the forefront of legislative efforts to expand the rights of such victims. Additionally, the law firm of Sprenger & Lang, a nationally-recognized civil rights firm, has extensive experience in the area of complex plaintiffs’ class action litigation. For more information about Mr. Wolf’s experience and that of the other attorneys assisting him on this case, please see the link, Firms. 11. How do I participate in the lawsuit?In order to find out about or participate in the lawsuit, please contact Daniel Wolf by e-mailing him at dan@danielwolflaw.com or telephoning him at (202) 842-2170. |
