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Case Citations 1 (July 2017 through April 2018)

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       THE FOREIGN RELATIONS LAW OF THE

  UNITED STATES 4TH: SOVEREIGN IMMUNITY


                                      (DRAFT)





                CHAPTER 5.   IMMUNITY OF STATES FROM JURISDICTION

                SUBCHAPTER A. IMMUNITY OF FOREIGN STATES FROM

                             JURISDICTION TO ADJUDICATE

  § 455. Claims Concerning Property Taken in Violation of International Law: Law of the United
  States

  C.A.D.C.2017. Quot. in conc. and diss. op., cit. in case cit. in conc. and diss. op. (citing and quoting §
  455 of T.D. No. 2, 2016); Rprt's Note 6 quot. in conc. and diss. op., cit. in ftn. to conc. and diss. op.
  (citing and quoting Rprt's Note 6 to § 455 of T.D. No. 2, 2016). A seven-decade effort by members of a
  Jewish Hungarian family to recover and repossess a valuable art collection seized from them during the
  Holocaust by the Nazis and collaborating Hungarian government culminated in a suit in which plaintiffs
  alleged common law breach-of-bailment, conversion, and unjust-enrichment claims against the Republic
  of Hungary, its museums, and a state university. The trial court denied Hungary's motion to dismiss as
  barred by the Foreign Sovereign Immunities Act (FSIA), except with respect to two paintings. This
  court affirmed in part and reversed in part, holding, inter alia, that Hungary was immune from
  jurisdiction, because the first prong of the commercial-activity requirement of the expropriation
  exception was not satisfied. The concurring and dissenting opinion quoted Restatement Fourth of
  Foreign Relations Law: Sovereign Immunity § 455 (T.D. No. 2, 2016) for its clear articulation of the
  expropriation exception to a foreign state's immunity and noted that some courts had allowed actions
  under the second prong of this exception to be brought against the foreign state in question rather than
  its agency or instrumentality. De Csepel v. Republic of Hungary, 859 F.3d 1094, 1112.
















Aa I m      For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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