Friday, December 28, 2018

Hungarian Survivor Claims Reinstated

The United States Court of Appeals for the District of Columbia Circuit reinstated claims brought by U.S. citizens arising from the Holocaust in Hungary that had been dismissed by the district court

“Nowhere was the Holocaust executed with such speed and ferocity as it was in Hungary.” Simon v. Republic of Hungary, 812 F.3d 127, 133 (D.C. Cir. 2016) (internal quotation marks and citation omitted). More than 560,000 Hungarian Jews—68% of Hungary’s pre-war Jewish population—were killed in one year. Id. at 134. In 1944 alone, a concentrated campaign by the Hungarian government marched nearly half a million Jews into Hungarian railroad stations, stripped them of all their personal property and possessions, forced them onto trains, and transported them to death camps like Auschwitz, where 90% of them were murdered upon arrival. Id. at 133–134.

Fourteen of the very few survivors of the Hungarian government’s pogrom (collectively, “Survivors”), including four United States citizens, filed suit against the Republic of Hungary and Magyar Államvasutak Zrt. (“MÁV”), Hungary’s state-owned railway company. As relevant here, the litigation seeks compensation for the seizure and expropriation of the Survivors’ property as part of the Hungarian government’s genocidal campaign. See Simon, 812 F.3d at 134.

Majority holding

Winston Churchill described the brutal genocidal expropriations, deportations, and mass extermination of Hungarian Jews at Nazi death camps as “‘probably the greatest and most horrible crime ever committed in the history of the world.’” Simon, 812 F.3d at 132. The district court erred in declining to exercise statutorily conferred jurisdiction over the Survivors’ effort to obtain some measure of reparation for those injuries both by wrongly requiring them to adjudicate their claims in Hungary first, and by misapplying the law  governing the forum non conveniens analysis. We deny the Survivors’ request that the case be reassigned, and remand for further proceedings consistent with this opinion.

KATSAS, Circuit Judge, dissenting: The district court concluded that this foreign-cubed case—involving wrongs committed by Hungarians against Hungarians in Hungary— should be litigated in Hungary. In so doing, the court permissibly applied the settled law of forum non conveniens.

The majority opinion is authored by Circuit Judge Millett joined by Circuit Judge Pillard. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2018/12/the-united-states-court-of-appeals-for-the-district-of-columbia-circuit-reinstated-claims-brought-by-us-citizens-arising-fr.html

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