Russian Lawsuit
Kelsie Kimberlin’s Lawsuit Against Russia, Iran, North Korea, and Iran’s Revolutionary Guard
STATE SPONSOR OF TERRORISM LAWSUIT
“Through this lawsuit, we are seeking justice for the Kimberlins and Andrii Rachok, and believe that this case will serve as a critical precedent to enable thousands of other U.S. nationals who have lost family members during this ongoing and needless conflict to do the same. While this case will not bring Andrii back, it will help the Kimberlins obtain a measure of justice and relief for their losses over his tragic murder, and pave the way for justice for other victims.” John Flood, Managing Member with Flood Law LLC.
On January 2nd, 2026, Maryland attorney John Flood and his law firm filed the first
ever lawsuit against Russia, Iran, North Korea, and Iran’s Revolutionary Guard/Quds
Force for the death of Andrii Rachok on February 22, 2024 in Avdiivka, Ukraine. The
nine-count complaint alleges that the defendants violated America’s “State Sponsor of
Terrorism” statute, “Anti-Terrorism Act,” and multiple state torts, including Intentional
Infliction of Emotional Distress, Wrongful Death, Aiding and Abetting, Conspiracy,
Assault and Battery, and Negligence and Gross Negligence. The suit was filed on
behalf of Kelsie Kimberlin and her family in the federal court for District of Columbia and
has been assigned to Judge Tanya S. Chutkan. A copy of the suit can be accessed here.
The statutes allow Americans whose immediate or close relatives are killed or injured by
terrorists, or those acting on behalf of a country designated by the United States as a
state sponsor of terrorism, to file suit. Iran and North Korea have been specifically so
designated, and the Revolutionary Guard/Quds Force has been designated as a
“Foreign Terrorist Organization.” The State Sponsor of Terrorism Act allows lawsuits
against others not specifically designated under the “commercial exception” provision,
and Russia has conducted commercial transactions in support of its unlawful terrorist
actions with Iran, North Korea, The Revolutionary Guard, and the Quds Force. Russia
has also used the international banking system to conduct its terrorist activities,
including through the procurement of terrorist fighters, and the spread of terrorist
propaganda.
This trailblazing lawsuit will pave the way for American families who have lost
immediate and close relatives in Ukraine to file similar suits. The State Sponsor of
Terrorism Act has been successfully used to sue Iran, North Korea, Sudan, Syria and
Libya, with judgments totaling billions of dollars. As of October 2025, more than $7
billion has been paid through a special fund supervised by the Department of Justice.
Under 18 U.S.C. § 2333(e), Russian assets frozen by the United States and Europe can
also be tapped to satisfy the judgments.
The killing of Andrii Rachok is a war crime as defined under international law because of
grave breaches of the Geneva Conventions and other breaches of the laws and
customs applicable in armed conflict.
ANDRII RACHOK
Andrii Rachok was born in a small village in Ukraine, halfway between Dnipro and
Donetsk. He lost his mother and father at a young age and was adopted by his aunt
and uncle, Americans Tetyana and Brett Kimberlin. When he was 20 years old, he
volunteered to join the Ukrainian Armed Forces, and he was so talented and dedicated
that he was asked to join the elite Third Separate Assault Brigade. On February 22,
2024, during an intense ten-day battle in Avdiika, Ukraine, he was injured by mortars
and drones. Because of the intensity of the terrorist attacks, his comrades were unable
to quickly rescue or evacuate him, and he died. His entire village lined the roads for
kilometers to give him a hero’s send off. The flags of Ukraine and the Third Separate
Assault Brigade were handed to his weeping grandparents, and he was buried next to
his mother. Here is a video of the funeral.
CONNECT WITH THE ATTORNEYS
John Flood is a trial attorney who loves being in the courtroom. Prior to starting Flood
Law, John served as an active duty Air Force Judge Advocate (JAG) officer, attaining
the rank of Major. He has represented clients in more than 60 jury and bench trials and
has handled countless other arbitrations and hearings. John’s litigation skills have been
nationally recognized by Super Lawyers (Employment Litigation, 2013 – present) and by
The Best Lawyers in America (Litigation – Labor and Employment, 2018 – present). He
enjoys helping other lawyers develop their courtroom skills by serving as an adjunct
faculty member for the National Institute of Trial Advocacy (NITA).
Anthony Marcavage is an accomplished litigator, first chairing federal and state
trials, employment and labor arbitrations, and proceedings before the National
Labor Relations Board and other federal and state agencies. He has also briefed
and argued appeals before the Pennsylvania Superior Court and the Virginia
Court of Appeals. He has a B.A. in History and Classics from Dickinson College in
Carlisle, PA, an M.A. in European History from Syracuse University, and a J.D. from the
George Washington University Law School in Washington, DC. Anthony is admitted to
practice in Pennsylvania, New Jersey, New York, Virginia, and the District of Columbia,
and many federal and appellate courts.
Thaddeus Maciag has more than thirty years of experience as a practicing attorney and litigator, and experience in elected and appointed office, including two years in Washington, D.C. as chief of staff to a United States Congressman; three years in the Office of the Governor of NJ as a senior Counsel to the Governor and Director of the Governor’s Budget Unit; as Deputy Executive Director of a State Financing Authority; as a member of a Gubernatorial Transition Team; twelve years as Municipal Attorney and Corporation Counsel to a municipality; and a term as Mayor of his town. Ted Maciag has, as a Trial and Appellate Litigation Attorney, appeared in cases before the U.S. Third Circuit Court of Appeals, U.S. District Courts, U.S. Bankruptcy Courts; in State Appellate and Trial courts in several states, and has numerous reported court decisions in Federal and State Courts. He holds degrees from the University of Virginia School of Law (Juris Doctor);The Wharton School (Accounting & Finance); and the University of Pennsylvania (Public Policy). Ted is admitted to the Bar in Virginia, New Jersey, the District of Columbia, and Federal trial and appellate court.
CASE SUMMARY
Russia, Iran, North Korea, and Iran’s Revolutionary Guards Corp/Quds Force have
been engaged in an illegal terrorist war against Ukraine and its citizens since 2014.
Under the State Sponsors of Terrorism and the Anti-Terrorism Acts, United States
citizens can sue terrorist countries and their proxies if they cause the death or injury to
their close family members or relatives. In Kimberlin v. Russia, Iran, North Korea, and
Iran’s Revolutionary Guards Corp/Quds Force, filed on January 2nd, 2026, in the federal
court in Washington, DC, the defendants have been sued for causing the death of Andrii
Rochok in Avdiivka, Ukraine, a blood relative of theirs. The lawsuit alleges nine counts
and seeks tens of millions in compensatory and punitive damages, along with a
declaratory judgment.
WHAT YOU CAN DO TO HELP
This is a ground breaking lawsuit, the first of its kind against Russia, Iran, North Korea,
and Iran’s Revolutionary Guards Corp/Quds Force under these terrorism statutes. It will open the floodgates for thousands of Americans whose relatives have been killed or
injured in Ukraine. You can help by:
1. Donating to help defray the legal costs of this lawsuit, which include costs,
translation services, service of process, legal fees, and travel expenses,
2. Urging other Americans whose immediate or close relatives have been injured or
killed to file similar lawsuits, and
3. Spreading the word to the Ukrainian community, Ukrainian Government, and
American political leaders urging them to support the lawsuit.
AMERICAN TERRORISM LAWS TO HOLD FOREIGN TERRORISTS ACCOUNTABLE
If you or an immediate relative has been harmed in Ukraine by terrorists or other
responsible foreign parties, you have a right to sue in United States District Court. There
are three key statutes that are relevant to such lawsuits:
1. Foreign Sovereign Immunities Act (FSIA)
2. Anti-Terrorism Act (ACT)
3. Victims Of State Sponsored Terrorism Fund (VSSTF)
THE TERRORISM EXCEPTION OF THE U.S. FOREIGN SOVEREIGN IMMUNITIES ACT
Under the Foreign Sovereign Immunities Act (FSIA) a United States national can bring a
lawsuit in U.S. court against a designated state sponsor of terrorism. This is known as
the “terrorism exception” and is found at 28 U.S.C. § 1605A(c). The list of designated
state sponsors of terrorism currently includes Iran and North Korea. Russia can be sued
under what is called the “commercial exception” provision of the statute which generally
defined as “an act outside the territory of the United States in connection with a
commercial activity of the foreign state elsewhere and that act causes a direct effect in
the United States.”
A U.S. national may bring a lawsuit under the FSIA “for personal injury or death caused
by [an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the
provision of material support or resources for such an act by] that foreign state….”
THE ANTI-TERRORISM ACT
Anti-Terrorism Act. 18 U.S.C. § 2333 states: “Any national of the United States injured
in his or her person, property, or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney’s fees.”
HOW LONG DOES THE LITIGATION TAKE?
Once the lawsuit is filed, it must be translated into the languages of the defendants and
then served on them. Because the United States does not have formal diplomatic
relations with Iran and North Korea, service of process is complicated and done through
countries that do have relations. Once notified, the defendants have to respond within
60 days.
A defendant that does not respond to this notice can be held in default. To obtain a
default judgment against the defendant, the lawyers must provide evidence to the court
showing that the defendants were involved in the killing of Andrii Rachok, either directly
or through material support.
Because of the ongoing war against Ukraine and the importance of holding the
defendants accountable, the lawyers will be expediting this case at every stage. Upon
obtaining a judgment, they will provide evidence to the court supporting the amount of
monetary damages each Plaintiff seeks.
THE VICTIMS OF STATE SPONSORED TERRORISM FUND
Once a monetary judgment is entered by the court against the defendants, the Plaintiffs,
within 90 days, will file a claim with the U.S. Victims of State Sponsored Terrorism Fund
which was created by Congress and administered by the U.S. Department of
Justice. As of October 2025, the fund has paid out more than seven billion dollars to
judgment-holders, and disbursements are made on a regular basis.
