Anderman

ORDER GRANTING MOTIONS TO DISMISS

This case arises out of events that occurred in Austria during the Nazi era. The allegations in this action chronicle the deprivation of property that often accompanied the greater horrors — murder, genocide, slave labor, and forced labor- — of the Holocaust. Claims such as these have been the subject of many international diplomatic efforts over the last half century. None of these efforts have come close to rendering perfect justice to those wronged during this dark period in our history. This Court would be under a solemn duty to render some measure of justice to those wronged, were it within its power to do so. Reluctantly, however, the Court concludes that adjudication of the claims asserted by Plaintiffs is beyond its constitutional authority.

I. Parties

Plaintiffs in this action are Jews who were citizens, nationals, or residents of Austria in 1938, as well as their descendants, heirs, legatees, assigns, and beneficiaries. (FAC ¶ 21).

Defendant Federal Republic of Austria (“Austria”) is a foreign state. (FAC ¶ 362). Austria was invaded by Germany in March 1938 (“the Anschluss”) and became part of Germany at that time. (FAC ¶ 24).…