Leibovitch v. Islamic Republic of Iran

In action under terrorism exception of Foreign Sovereign Immunity Act, Dist. Ct. erred in finding that it lacked jurisdiction over intentional infliction of emotional distress claims made by family members of U.S. citizen, who incurred personal injuries by terrorists while as passenger in car with family members along highway in Israel. Although said family members were not U.S. citizens and could not bring private cause of action under section 1605A(c) of FSIA, said family members could bring action under pass-through provisions contained in section 1605A(a) of FSIA since: (1) family member who was victim of terrorist attack was also U.S. citizen; and (2) said family members could assert intentional infliction of emotional distress claim under Israeli law.