SDJW staff report
WASHINGTON. D.C. – The Court of Appeals for the District of Columbia has ruled against San Diegans Michael and Linda Bennett in their quest to collect a judgment against the government of Iran for the wrongful death of their daughter, Marla Ann Bennett, in the 2002 bombing of the cafeteria at Hebrew University in Jerusalem.
Marla Ann Bennett had been a student at the Hebrew University in July of 2002 when a bomb ripped through a cafeteria on campus, killing nine persons and wounding others. Hamas later claimed responsibility for the blast.
Noting that Hamas terrorists received funds and training from Iran, the Bennetts sued in a U.S. federal court for damages, winning a default judgment of $12 million against Iran. The bereaved San Diego family sought to apply the judgment against properties such as embassies and consulates formerly owned by Iran and now held by the U.S. government.
The U.S. government opposed this course of action, saying it had a priority claim on the properties from which it is collecting rent. Proceeds from the rent money go into a fund for the property’s upkeep.
Arguments before the appeals court centered on whether the U.S. government, by renting out former Iranian properties, was meeting its obligations under federal law governing the seizure and use of assets formerly held by terrorists. The appeals court sided with the government, denying the Bennetts’ claim
Here is the text of the court’s decision.