DC Circuit: Rosalie Simon v. Republic of Hungary

International law

(Srinivasan)

WWII treaty not a categorical bar to claims against Hungarian government, railroad under FSIA, as the treaty does not claim to be an exlusive remedy -- the Allied nations could not waive the rights of non-nationals.

Takings of property incident to the deportations are themselves genocide, and state a claim within the expropriation exception to the FSIA.

Plausible inference of commercial activity, as the funds were later commingled, but insufficient proof in pleadings of US nexus for Hungarian government activities.

Genocidal takings have no internal exhaustion requirements, as insufficient compensation is not the underlying harm.

Comity an open question.

Justiciable Article III claims. (Citing Zivitofsky)

Concurrence: Hungary's implementation of treaty insufficient to bar FSIA claim.

https://www.cadc.uscourts.gov/internet/opinions.nsf/0CE6088155B448E285257F490054E55A/$file/14-7082-1596075.pdf