Ministry of Defense and Support for Armed Forces of Islamic Republic of Iran v. Elahi (2008)
- Docket
- 07-615
- Decided
- 2008-01-01
Summary
Question: Does the Terrorism Risk Insurance Act of 2002 allow a judgment creditor in a wrongful death action against the Iranian government to attach damages recovered by Iran in an unrelated contract dispute as the "blocked assets of [a] terrorist party?" Conclusion: Not answered. With Justice Stephen G. Breyer writing for the majority and joined by Chief Justice Roberts, and Justices John Paul Stevens, Antonin G. Scalia, Clarence Thomas, and Samuel A. Alito, the Supreme Court held that the assets in question in Mr. Elahi's case were not "blocked" under the Terrorism Risk Insurance Act of 2002 at the time of the Ninth Circuit's decision and therefore could not be attached to satisfy his judgment against Iran. The Court then declined to determine whether a 2005 Executive Order issued by the President blocked the assets, holding that Mr. Elahi had waived his rights to attach. The Court reasoned that when Mr. Elahi accepted payment under a federal statute that offered compensation for those "holding terrorism related judgments against Iran", he relinquished his right to attach those assets. Justice Anthony M. Kennedy concurred in part and dissented in part, and was joined by Justices David H. Souter and Ruth Bader Ginsburg. He agreed that the assets in question were not "blocked" at the time of the Ninth Circuit's decision. However, he disagreed that Mr. Elahi had waived his right to attach those assets. He reasoned that the majority departed from the "plain meaning" and "purpose" of the federal statute that awarded compensation to Mr. Elahi when it inhibited his ability to collect the award granted him against Iran for the murder of his brother.