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Ninth Circuit Decision Declines to Apply "Political Question" Doctrine and Allows Holocaust Survivors to Proceed with Action against the Vatican Bank


by Paul J. Hall View Biography
Eric K. Larson View Biography
Nixon Peabody LLP View Firm Credentials
San Francisco Office

April 28, 2005

Previously published on April 22, 2005

In a 2-1 decision issued on April 18, 2005, the Ninth Circuit Court of Appeals ruled that certain Holocaust survivors could proceed at the pleading stage with their class action lawsuit against the Vatican Bank for return of property looted by Nazi allies during World War II, which allegedly was deposited in that bank. The court rejected defendants' contention that the claims raised political questions that the courts were constitutionally prohibited from adjudicating.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.


 

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