Whiteman v. Dorotheum GmbH

431 F.3d 57 (2005)

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Whiteman v. Dorotheum GmbH

United States Court of Appeals for the Second Circuit
431 F.3d 57 (2005)

  • Written by Sharon Feldman, JD

Facts

Dorit Whiteman and other present and former Austrian nationals and their heirs and successors (the victims) (plaintiffs) brought a class action against the Republic of Austria, certain of its instrumentalities, and others (defendants), seeking compensation for the Nazi regime’s confiscation of property from Austrian Jews. Under the leadership of the United States government, the Austrian government and attorneys representing Holocaust victims negotiated the establishment of a fund—the General Settlement Fund (GSF)—to be the exclusive remedy for all claims against Austria or Austrian companies arising out of or relating to the Nazi era or World War II. The agreement was embodied in the exchange of diplomatic notes between the United States and Austria. The victims’ case was the only remaining obstacle to the implementation of the GSF. The Republic of Austria and, as amici curiae, the United States and the American Council for Equal Compensation of Nazi Victims from Austria asked the court to dismiss the victims’ case. In its statement of interest, the United States represented that it was in the United States’ foreign-policy interests for the GSF to be the exclusive remedy for resolving all Holocaust-related claims against Austria.

Rule of Law

Issue

Holding and Reasoning (Cabranes, J.)

Dissent (Straub, J.)

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