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Orkin v. Swiss Confederation
Orkin v. Swiss Confederation, 770 F.Supp.2d 612 (S.D.N.Y. 2011), aff’d, No. 11-1414-cv (2d Cir. 2011).
Federal District Court
In this case, in which the plaintiff sought the return of a drawing allegedly sold under duress to a private party during the Nazi era, a New York
held that the current owner—the Swiss Confederation—was immune from suit as a foreign sovereign. The court rejected the argument that the “takings” exception to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §1605(a)(3), allowed it to exercise
because the initial sale of the drawing was to a private individual, not to a foreign state. The court also rejected the claim that Switzerland had violated international law under the Alien Tort Statute (“ATS”), 28 U.S.C. §1330. The decision was . . . .
Associated Legal Decision(s)
Associated Statutes and/or Legislation
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