On January 2, 2026, Flood Law, on behalf of Kelsie, Tetyana, Karina, and Brett Kimberlin, filed a lawsuit in the Federal District Court for the District of Columbia against Russia, North Korea, Iran, and the Iranian Revolutionary Guard, for the tragic death of their beloved close family member, Andrii Rachok, during the ongoing conflict in Ukraine.

Andrii – who was the nephew of Tetyana Kimberlin – was killed in February 2024 while fighting to protect the citizens of Ukraine and his fellow soldiers near the city of Avdiivka.

As alleged in the Complaint, Andrii was killed by Russian terrorists, with the material aid and support of the Terrorist States of North Korea and Iran, and the Terrorist Organization – Iranian National Guard – Quds Force. Andrii was tragically murdered during an intense, ten-day battle near Avdiivka, due to mortal wounds that he sustained through Russia’s use of mortars and drones against him and his unit.

To obtain justice for Andrii’s murder, the Kimberlins have brought claims against Russia, North Korea, Iran, and Iran’s Revolutionary Guard under the Foreign Sovereign Immunities Act (FSIA) and the Anti-Terrorism Act (ATA), along with state-law based tort claims. Andrii’s tragic and needless death has devasted the Kimberlin family, who were Andrii’s closest family members after the loss of his parents. Courts allow FSIA claims for relatives who are the functional equivalent of an immediate family, which the Kimberlins were to Andrii. 

“The killing of Andrii Rachok is a war crime, and those who committed that crime must be held accountable.  Our lawsuit against the terrorists who killed him is a first step in doing so, and we hope that it will send a strong message that Americans who have lost loved ones in Ukraine can hold terrorists liable in a United States court,” said Kelsie Kimberlin.  

Through their humanitarian work for two nonprofit organizations, the Kimberlins play a critical role in supporting families impacted by the conflict in Ukraine.  With this lawsuit, they are seeking a declaratory judgment and damages against Russia because Russia’s purchase of drones and mortars from Iran and North Korea, and its other commercial activity in support of the war, waive its normal immunity as a sovereign state and resulted in the death of Andrii and caused injuries to his family in the United States. North Korea and Iran, which have been designated as Terrorist States, and the Iranian Revolutionary Guard, are alleged to be liable for Andrii’s death because of the material aid and support they are continuing to provide to Russia, to include the sale of millions of artillery and mortars as well as drones, all of which are being used extensively by Russia against the Ukrainian people.

This lawsuit is groundbreaking because it is the first lawsuit filed on behalf of U.S. national family members for the death of a close family member in the ongoing conflict in Ukraine against Russia.

“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,” said John Flood, Managing Member with Flood Law LLC. Attorney Flood added, “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.”  

Under the FSIA and ATA, U.S. nationals who are injured and killed at the hands of a Terrorist State or a Terrorist Organization, or their close family members who are U.S. Nationals, can potentially recover monetary damages and other relief for their losses.  Additionally, even though Russia has not been designated as a Terrorist State by U.S. authorities, under the FSIA, its immunity in U.S. Courts should be deemed to be waived where it has engaged in commercial activities that have a direct impact within the U.S. and such activity forms the basis for the legal claims brought against it.

Flood Law LLC is a litigation firm based in the Washington D.C. area.  Their attorneys, who have tried more than 100 jury trials, can be reached at www.fmlaw.org, firm@fmlaw.org or (240) 403-2619. Flood Law attorneys John Flood, Anthony Marcavage, and Ted Maciag are representing the Kimberlins in this lawsuit.