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International Law – Comity

By: WISCONSIN LAW JOURNAL STAFF//January 26, 2015//

International Law – Comity

By: WISCONSIN LAW JOURNAL STAFF//January 26, 2015//

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U.S. Court of Appeals For the Seventh Circuit

Civil

International Law – Comity

Suits by Holocaust survivors against Hungarian entities for genocide were properly dismissed under principles of international comity.

“We affirm all the dismissals. First, as we held in 2012, international law does not require exhaustion of domestic remedies before plaintiffs can say that international law was violated. But principles of international comity make clear that these plaintiffs must attempt to exhaust domestic remedies before foreign courts can provide remedies for those violations. These plaintiffs have not exhausted available Hungarian remedies, and the district court did not abuse its discretion when it found that plaintiffs should not be excused from doing so. In addition, because the national bank was properly dismissed from the case against the banks, the district court properly granted Erste Bank’s motion to reconsider dismissal for forum non conveniens. Nevertheless, while the doors of United States courts are closed to these claims for now, they are not locked forever. All dismissals are without prejudice. If plaintiffs find that future attempts to pursue remedies in Hungary are frustrated unreasonably or arbitrarily, a United States court could once again hear these claims.”

Affirmed.

13-3073 & 14-1319 Fischer v. Magyar Allamvasutak Zrt.

Appeals from the United States District Court for the Northern District of Illinois, Der-Yeghiayan, J., Hamilton, J.

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