CLODFELTER v. REPUBLIC OF SUDAN

No. 11-2118.

720 F.3d 199 (2013)

Jennifer CLODFELTER, Individually and as Next Friend of N.C., a minor; John Clodfelter; Gloria Clodfelter; Joseph Clodfelter; Sharla Costelow, Individually and as the Next Friend of E.C. and B.C., minors; George Costelow; Dorothy Costelow; Ronald W. Francis; Sandra Francis; David Francis; James Francis; Sarah Guana Esquivel; Lou Gunn; Mona Gunn; Anton J. Gunn; Jamal Gunn; Jason Gunn; Novella Wiggins; Diane McDaniels, Individually and as Next Friend of J.M., a minor; Frederica McDaniels-Bess; Jesse Nieto; Jamie Owens, Individually and as the Guardian of the Estate and Next Friend of I.M.O., a minor; Kenyon Embry; Teresa Smith; Leroy Parlett; Etta Parlett, Individually and as Next Friend of H.P., a minor; Kera Parlett Miller; Matthew Parlett; Kate Brown; Sean Walsh; Kevin Roy; Olivia Rux; Rogelio Santiago; Simeona Santiago; Jacqueline Saunders, Individually and as the Guardian of the Estate and Next Friend for J.T.S., a minor; Isley Gayle Saunders; Gary Swenchonis, Sr.; Deborah Swenchonis; Shalala Swenchonis-Wood; Lorie D. Triplett, Individually and as the Guardian of the Estate and Next Friend of A.T. and S.R.T., minors; Reed Triplett; Savannah Triplett; Freddie Triplett; Theodis Triplett; Kevin Triplett; Wayne Triplett; Thomas Wibberly; Patricia A. Wibberly; Toni Wibberly; Timothy Paul Sceviour, as Personal Representative of the Estates of Kenneth Eugene Clodfelter, Richard Costelow, Lakeina Monique Francis, Timothy Lee Gauna, Cherone Louis Gunn, James Roderick McDaniels, Marc Ian Nieto, Ronald Scott Owens, Lakiba Nicole Palmer; Timothy Paul Sceviour, as Personal Representative of the Estates of Joshua Langdon Parlett, Patrick Howard Roy, Kevin Shawn Rux, Ronchester Mananga Santiago, Timothy Lamont Saunders, Gary Graham Swenchonis, Jr., Andrew Triplett and Craig Bryan Wibberly, Plaintiffs-Appellants, and Ollesha Smith Jean; Jack Earl Swenson; Avinesh Kumar, Individually and as the Guardian of the Estate and Next Friend of C.K., a minor; Hugh M. Palmer, Plaintiffs, v. REPUBLIC OF SUDAN, Defendant-Appellee, United States of America, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided: June 20, 2013.


Attorney(s) appearing for the Case

ARGUED: Andrew C. Hall , Hall, Lamb and Hall, P.A., Miami, Florida, for Appellants. Adam C. Jed , United States Department of Justice, Washington, D.C., for Intervenor. ON BRIEF: Roarke Maxwell , Hall, Lamb and Hall, P.A., Miami, Florida; Kevin E. Martingayle , Stallings & Bischoff, P.C., Virginia Beach, Virginia; Nelson M. Jones, III , Law Firm of Nelson M. Jones, III, Houston, Texas; James Cooper-Hill , Law Office of James Cooper-Hill, Rockport, Texas, for Appellants. Neil H. MacBride , United States Attorney, Alexandria, Virginia; Stuart F. Delery , Acting Assistant Attorney General, Mark B. Stern , United States Department of Justice, Washington, D.C., for Intervenor.

Reversed and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge AGEE and Judge DAVIS joined. Judge DAVIS wrote a separate concurring opinion.


DUNCAN, Circuit Judge:

After the bombing of the U.S.S. Cole in October 2000, fifty-nine family members of the victims (the "plaintiffs") filed suit against the Republic of Sudan ("Sudan") in 2004. In 2007, the district court found Sudan liable under the Death on the High Seas Act (the "DOHSA"), and ordered it to pay damages. When the plaintiffs, joined by four others not party to the 2004 complaint, commenced a new suit against Sudan in April 2010 invoking a federal...

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