The widow of a U.S. serviceman killed in an IED attack has joined 300 other veterans and their families in filing lawsuits against the government of Iran.

These plaintiffs say that Iran funded the manufacture and delivery of low-tech, roadside weaponry that has been responsible for nearly 35,000 casualties during combat operations in Iraq and Afghanistan. These claims are reportedly supported by forensic evidence uncovered in investigations by military and civilian sources, finding that roadside weapons had been made in Iran – and their construction was financed by European banks.

Gage Hake was only two years old when his father, Sgt. Christopher Hake, was killed in action in Iraq as the result of an IED attack in 2008. According to Sgt. Hake’s widow, Kelli, she had known that his death had been caused by a specific type of IED (improvised explosive device), known as an EFP (explosively formed penetrator). However, she had not been aware of any connections to Iran until several years later, when a lawyer contacted her.

It turned out that the weapon responsible for her husband’s death had been furnished to Shiite militants in Iraq by an Iranian organization, the Islamic Revolutionary Guard Corps. Having learned this, Kelli Hake reportedly made the decision to join a lawsuit filed by over 300 veterans and their families, seeking $10 billion in damages from the Iranian government for its role in arming and training terrorist and militia groups in the Middle East in their ongoing attacks against coalition forces.  

IED Attack Funding

The lawsuit against Iran has been only part of a massive attempt to seek justice for dead and injured service personnel through the courts. Separate legal action has targeted a number of international banks that allegedly laundered money through the U.S. before it was sent on to terrorist organizations. A number of these banks have admitted to these activities and arrived at settlements with plaintiffs. Among them are BNP Paribas (France), Commerzbank (Germany) and HSBC (U.K.).

Suing a Foreign Government

Under federal law, foreign governments are generally immune from lawsuits filed by U.S. nationals. However, there are some exceptions. Under 28 U.S. Code § 1605 (a) (2), a foreign government can be held liable for actions based on or in connection with commercial activities, resulting in acts that cause “a direct effect in the United States.”

There is also a terrorism exception under § 1605A, which states that foreign governments “shall not be immune” in cases seeking monetary damages for injuries and wrongful death resulting from torture, sabotage or hostage-taking, or if an official or agent of those governments aided and abetted such activities while working in said capacities.  

Unfortunately, there is little chance that plaintiffs will collect damages from the Iranian government, despite a favorable ruling from a U.S. court last year (Iran has sent no legal counsel to the U.S. or even responded to the allegations).

However, veterans and their families may find some closure in news of the death of Iranian General Qassem Soleimani, who was in charge of the Islamic Revolutionary Guard – the organization responsible for supplying Shiite militias with roadside weapons. Hake told CNN she felt “a little bit of relief” at the news of Soleimani’s death, knowing that he could no longer hurt anyone else.

If you or a loved one was injured or killed by an IED or EFP while fighting in the Iraq or Afghanistan wars, legal recourse is available. Get help now by filling out the form on this page for a FREE case evaluation.

The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or anti-terrorist class action lawsuit is best for you. (In general, anti-terrorist lawsuits are filed individually by each plaintiff and are not class actions.) After you fill out the form, the attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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