Republic of Austria v. Altmann
Altmann, the American heir of the original owner of several paintings by Gustav Klimt, sued the Republic of Austria and the state-owned Austrian Gallery, seeking return of the paintings confiscated by the Nazis in violation of international law. The defendants moved to dismiss for lack of jurisdiction under the Foreign Sovereign Immunities Act (FSIA), arguing that the last taking in this case purportedly occurred in 1948, and the FSIA may not be retrospectively applied to conduct that took place before 1952. The district court denied the defendants' motion to dismiss. The Ninth Circuit Court of Appeals affirmed, holding in relevant part that the FSIA applies because, at the relevant times, Austria could not have legitimately expect to receive immunity from the executive branch of the United States for its alleged complicity in and perpetuation of the wrongful expropriation of Jewish property.
Question Presented:
Does the expropriation exception of the FSIA, 28 U.S.C. ยง 1605(a)(3), afford jurisdiction over claims against foreign states based on conduct that occurred before the United States adopted the
restrictive theory of sovereign immunity in 1952?
Decisions under Review:
Amended opinion and order, April 28, 2003
Opinion, December 12, 2002
