Justices Tackle Sovereign Immunity Scope In Nazi Theft Cases
Law360 (December 7, 2020, 7:56 PM EST) -- The U.S. Supreme Court on Monday appeared skeptical of Hungary's argument that a proposed class action over possessions it allegedly seized during the Holocaust should not proceed, suggesting that tossing the case would go against Congress' intent.
Hoping to stop a proposed 2011 class action seeking restitution for property taken from Holocaust survivors, Hungary has argued that international comity, or deference to another sovereign's laws, should be a key consideration for the high court.
But several justices countered Monday that guidance built into the 1976 Foreign Sovereign Immunities Act limits courts' discretion in considering sensitive cases involving a foreign sovereign.
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