Bernstein v. Van Heyghen Freres Societe Anonyme

163 F.2d 246 (1947)

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Bernstein v. Van Heyghen Freres Societe Anonyme

United States Court of Appeals for the Second Circuit
163 F.2d 246 (1947)

  • Written by Sharon Feldman, JD

Facts

Arnold Bernstein (plaintiff) brought an action in state court against Belgian corporation Van Heyghen Freres Societe Anonyme (Van Heyghen) (defendant). Bernstein alleged that he was the owner of a German ship-owning corporation known as the Arnold Bernstein Line (AB Line) and had been imprisoned by the Nazis and compelled under duress to execute documents purporting to transfer all of his AB Line shares to a Nazi designee who, in turn, transferred AB Line’s assets to Van Heyghen without fair and adequate consideration. A writ of attachment was issued, attaching a debt another Belgian corporation owed to Van Heyghen. Van Heyghen removed the case to federal court. The district court granted Van Heyghen’s motion to vacate the attachment and dismiss the complaint. Bernstein appealed.

Rule of Law

Issue

Holding and Reasoning (Hand, J.)

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Casebooks

Human Rights

Key Terms

  • RemovalThe movement or transfer of a lawsuit from a state court to federal court.
  • Writ of attachmentA writ sought by one party seeking to obtain proceeds from in some cases a debt of another party.
  • Act-of-State DoctrineThe principle that every sovereign state is bound to respect the independence of every other sovereign state in governing its internal affairs, and the courts of a nation will not question the legality of a foreign state’s sovereign acts conducted within the foreign state's own territory.
  • Adjudication1. Judging; formally issuing a final judgment in a court proceeding. 2. For purposes of the Administrative Procedure Act, the process by which an administrative agency grants licenses, determines benefits, and enforces regulations. Through adjudication, agencies set guiding principles for statutory interpretation that serve as precedents for subsequent adjudications.

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