Supreme Court Rules That Claims of Nazi-Era Expropriation of Jewish Property Are Barred by Germany's Sovereign Immunity
The court's strict interpretation of when international law would permit an exception to foreign sovereign immunity fits within a larger pattern of Supreme Court decisions restricting the ability of foreign plaintiffs to bring cases into U.S. courts that have little or no connection to the United States.
March 17, 2021 at 12:45 PM
10 minute read
In Federal Republic of Germany v. Philipp, 141 S.Ct. 703 (2021), a unanimous U.S. Supreme Court, in an opinion by Chief Justice John Roberts, adopted a narrow reading of a Foreign Sovereign Immunities Act (FSIA)'s authorization of suits against foreign states "in which rights in property taken in violation of international law are in issue …" 28 U.S.C. §1605(3), to dismiss a claim brought by heirs of Jewish art dealers alleging expropriation of their valuable property by Nazi-era Germany. The decision holds that "rights of property taken in violation of international law" refers to international law principles as of the time of the FSIA's enactment when a state's taking of the property of its own nationals did not violate those principles rather than current international law where such claims would more likely be maintainable. The court's strict interpretation of when international law would permit an exception to foreign sovereign immunity fits within a larger pattern of Supreme Court decisions restricting the ability of foreign plaintiffs to bring cases into U.S. courts that have little or no connection to the United States.
The case arose out of a dispute over certain German medieval relics known as the Welfenschatz. Heirs of a consortium of art dealers owned by Jewish German nationals alleged that the Nazi government used political persecution and political threats to force the sale of the relics at approximately one-third of their value. After the war, the new Federal Republic of Germany took possession of the relics and continues to display them today in a Berlin museum.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllJudgment of Partition and Sale Vacated for Failure To Comply With Heirs Act: This Week in Scott Mollen’s Realty Law Digest
Artificial Wisdom or Automated Folly? Practical Considerations for Arbitration Practitioners to Address the AI Conundrum
9 minute readTrending Stories
- 1Jackson Lewis Leaders Discuss Firms Innovator Efforts, From Prompt-a-Thons to Gen AI Pilots
- 2Trump's DOJ Files Lawsuit Seeking to Block $14B Tech Merger
- 3'No Retributive Actions,' Kash Patel Pledges if Confirmed to FBI
- 4Justice Department Sues to Block $14 Billion Juniper Buyout by Hewlett Packard Enterprise
- 5A Texas Lawyer Just Rose to the Trump Administration
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250