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Ungaro-Benages v. Dresdner Bank AG

379 F.3d 1227 (2004)

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Ungaro-Benages v. Dresdner Bank AG

United States Court of Appeals for the Eleventh Circuit

379 F.3d 1227 (2004)

Facts

Ursula Ungaro-Benages (plaintiff) sued Dresdner Bank and Deutsche Bank (defendants) in federal court alleging that the banks wrongfully took her family’s interest in a manufacturing company during the Nazi regime in Germany. In 2000 President Clinton had negotiated the Foundation Agreement with the German government to consolidate claims arising out of the Nazi regime. The Foundation Agreement provided a dedicated forum, the Foundation, to compensate victims of the Nazi regime, including victims whose injuries stemmed from the loss of banking assets. The Foundation recognized claims that would not have been successful in American courts. In return for establishing the Foundation, the United States agreed to encourage American courts to dismiss claims based on an adequate legal basis and recognize the Foundation as the exclusive avenue of relief for claims arising out of the Nazi regime. The district court therefore dismissed Ungaro-Benages’s claims on the basis of international comity. Ungaro-Benages appealed.

Rule of Law

Issue

Holding and Reasoning (Kravitch, J.)

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