In Rosalie Simon et al. v. Republic of Hungary, et al. , The United States Court of Appeals for the District of Columbia Circuit reinstated the claims of plaintiffs for the second time in three years, after the District Court had dismissed those claims for the second time. The Appeals Court held that plaintiffs, fourteen survivors of the Holocaust who were stripped of their possessions and deported from Hungary by the Hungarian National Railway, did not have to seek remedies in the first instance in Hungary in order to bring their claims against both Hungary and its National Railway in the United States. 911 F. 3d 1172 (D.C. Cir. 2018).
Previously the Court of Appeals had held that plaintiffs met the requirements for stating a claim against the Hungarian Railway under the “expropriation exception” of the Foreign Sovereign Immunities Act. The Court’s first opinion is here: DC Circuit Opinion
Oral argument on the original appeal was held on March 10, 2015, and a transcript of that argument is here: Transcript of Oral Argument