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The Islamic Republic of Iran, Islamic Revolutionary Guard Corps, the Iranian Armed Forces, and a number of individuals have been named in a class action lawsuit filed in the aftermath of the missile attack that downed Ukrainian International Airlines Flight PS752.
The lead plaintiff, only named as John Doe, alleges that he is an immediate family member of “Jack Doe,” an anonymous victim of the PS752 wreck. The plaintiff says that he wishes to remain anonymous because he is concerned about family still living in Iran facing retribution for his class action lawsuit.
The class action lawsuit details the wreck of downed Flight PS752. The plaintiff alleges that the Flight was hit by two surface-to-air missiles launched from Iran’s Khatam al-Anbiya Air Defense Base. After days of denying the attacks, Iran’s President admitted that Islamic military forces had authorized the strike, calling it an “unforgivable mistake.”
“On board the ill-fated Ukrainian aircraft were approximately 176 people comprising Canadians, Iranians, Ukrainians, Swedes, Afghans, Britons, Germans and a nine-member flight crew. Of the passengers on board, 138 were traveling to Canada via the Ukraine,” states the downed Flight PS752 class action lawsuit. “There were no survivors of the shooting down of the aircraft by Iran.”
The plaintiff contends that “the shooting down of the aircraft by the defendants was an intentional and deliberate act of terrorism.” The complaint also alleges that the defendants “conducted themselves recklessly, wantonly and in a high-handed manner.” The class action lawsuit also accuses the defendants of recklessness and negligence when it came to the launch of the missiles that downed Flight PS752.
According to BBC News, the downing of the flight came in the context of increasing tensions between Iran and the United States. Reportedly, Iran attempted to cover up evidence that the plane was shot down by missiles.
This is not the first class action lawsuit filed in the aftermath of downed Flight PS752. A Canadian law firm filed a complaint against Ukrainian Airlines, along with Iran and the Islamic Revolutionary Guard. According to that Flight PS752 class action lawsuit, the flight took off despite a prohibition on flights into Iranian airspace.
The downed Flight PS752 class action lawsuit is seeking $1 billion in damages for alleged violations of the Justice for Victims of Terrorism Act, along with another $500 million in punitive, exemplary, and aggravated damages.
The plaintiff seeks to represent a Class of all passengers of Ukraine International Airlines Flight PS752, as well as their family members.
What do you think about the downed Flight PS752 class action lawsuit? Tell us your thoughts in the comments below.
The plaintiff and proposed Class are represented by Mark H. Arnold of Gardiner Miller Arnold LLP and Jonah Arnold of Weinman Arnold LLP.
The Downed Flight PS752 Class Action Lawsuit is Johns Doe v. Islamic Republic of Iran, et al., Case No. CV-20-00635078-00CP in the Ontario Superior Court of Justice Commercial List, Canada.
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