On 8 August 1998, Al Qaeda detonated two suicide truck bombing attacks on the US Embassies in Nairobi, Kenya and Dar Es Salaam, Tanzania, killing 224 people and wounding over 4,500. Almost all of the victims were local citizens. In January 2008, the US extended the reach of the exclusions under the Foreign Sovereign Immunity Act (FSIA) to include private action lawsuits on behalf of non-US citizen victims if the victim was an employee of the US government at the time of the attack. In August 2008, we filed a lawsuit against the Republic of Sudan and the Islamic Republic of Iran and others for their complicity in the Al Qaeda attacks on behalf of over 600 victims under the exception to the FSIA - 28 USC §1605A. We alleged in the Complaint that Iran and Hezbollah and Sudan provided material support which included financing, training, weapons, material and safe haven, to Al Qaeda and that this support was critical to al Qaeda's execution of the 1998 embassy bombings.
Defendants failed to respond to service of the Complaints and the Clerk of Court entered defaults against Iran and Sudan.
In October 2010, a three day trial on liability was held in the US District Court for the District of Columbia for several consolidated cases involving the embassy attacks. On 30 November 2011 Hon. Judge Bates entered a final judgment on liability in favor of plaintiffs and against defendants. The Court found that “the government of Iran aided, abetted and conspired with Hezbollah, Osama Bin Laden and al Qaeda to launch large-scale bombing attacks against the United States…Iranian defendants, through Hezbollah, provided explosives training to Bin Laden and al Qaeda and rendered direct assistance to al Qaeda operatives…Sudan also provided critical financial, military, and intelligence services that facilitated and enabled al Qaeda to strengthen its terrorist network and infiltrate nearby countries. With the support of Sudan and Iran, al Qaeda killed and attempted to kill thousands of individuals on site in the 1998 U.S. embassy attacks in Nairobi, Kenya and Dar es Salaam”.
In 2013 we were granted permission by the court to file an additional Complaint (Opati) that would also be subject to the final judgment on liability. Seven Special Masters were appointed to evaluate each of the plaintiffs’ claims and prepare recommendations for the court’s approval of proposed findings and compensation.
On July 25, 2014, Hon. US District Court Judge John D. Bates issued orders in each of our four consolidated Embassy bombing cases, entering judgment in favor of the plaintiffs and awarding compensatory and punitive damages to the plaintiffs, as follows:
Total damage award: $3,163,433,873.00
Compensatory damages with prejudgment interest: $1,581,716,936.50
Punitive damages: $1,581,716,936.50
Total damage award: $3,566,104,489.58
Compensatory damages with prejudgment interest: $1,783,052,244.79
Punitive damages: $1,783,052,244.79
Total damage award: $199,106,578.19
Compensatory damages with prejudgment interest: $99,553,289.10
Punitive damages: $99,553,289.10
Total damages award: $1,755,878,431.22
Compensatory damages with prejudgment interest: $877,939,215.61
Punitive damages: $877,939,215.61
On April 11, 2015, the Republic of Sudan filed a motion to vacate the consolidated judgments. Hon. Judge John D. Bates denied the motion to vacate in its entirety.
Sudan has appealed the judgment to the US Court of Appeals for the District of Columbia. The appeal is pending.
Wamai Amended Complaint
Opati Second Amended Complaint
Wamai Order to Consolidate with Owens
Osongo Order to Consolidate with Owens
Owens Order on Sudan's 1st Motion to Dismiss
Owens Order on Sudan's 2nd Motion to Dismiss
Wamai Entry for Default - Republic of Sudan
Wamai Entry of Default - Islamic Republic of Iran & Iran Revolutionary Guard Corps
Wamai - Entry of Default - Ministry of Interior of Republic of Sudan
Osongo - Entry of Default - Islamic Republic of Iran and Iran Revolutionary Guard Corp.
Osongo - Entry of Default - Ministry of Information of Islamic Republic of Iran
Osongo Entry of Default - Republic of Sudan & its Interior Ministry
Wamai-Onsongo-Owens Final Judgement on Liability - In Favor of Plaintiffs
Wamai Memorandum Opinion, July 25, 2014
Onsongo Memorandum Opinion, July 25, 2014
Opati Memorandum Opinion, July 25, 2014
Amduso Memorandum Opinion, July 25, 2014