Emil Alperin v. Vatican Bank

MEMORANDUM

Survivors and descendants of victims of the Holocaust, and associated organizations (collectively referred to herein as “Alperin”), appeal the dismissal of their purported class action lawsuit against the Vatican Bank, also known by its official title Istituto per le Opere di Religione (the “IOR”). On a previous appeal, we held that the political question doctrine barred broad allegations of violation of international law but did not bar certain property claims. Alperin v. Vatican Bank, 410 F.3d 532 (9th Cir.2005). We are now asked whether the IOR is a foreign sovereign protected by the Foreign Sovereign Immunity Act (the “FSIA”), and if so, whether AJperin’s claims fall within the international takings exception or commercial takings exception to the FSIA’s jurisdictional bar. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

“The existence of sovereign immunity and subject matter jurisdiction under the [FSIA] are questions of law that [this Court] review[s] de novo.” Af-Cap, Inc. v. Chevron Overseas (Congo) Ltd,., 475 F.3d 1080, 1085-86 (9th Cir.2007) (internal quotation marks and citation omitted) (alteration in original). A District Court’s…