Comity Flashcards
What is international comity?
The extent to which the law of one nation shall be allowed to operate within the dominion of another nation (by executive order, legislative act, or judicial decree)
What is the abstention doctrine?
A federal court has jurisdiction but defers to the judgment of an alternative forum. It serves as a guide to federal courts where the issues to be resolved are entangled in international relations
What does this dispute concern?
Ungaro filed suit against two banks to recover assets from her family’s estate and alleges that the Nazi regime stole her family’s interest in its manufacturing company.
History after WWII
The US enacted military laws requiring property be restored by restitution. The British, French and US entered an agreement to unite their sectors. This agreement reaffirmed Germanys obligation to provide restitution as prescribed by US military law.
during the Cold-War the London Debt agreement suspended the obligations until a final post-war treaty was created so that Germany could help with the war.
with an increase of lawsuits against german companies in the US, Germany sought to enter an international agreement with the US to remove litigation to a forum in Germany.
What is the foundation agreement?
the German gov agreed to establish a private foundation to hear claims brought by victims of the Nazi regime and offers compensation to victims that are not available through traditional litigation. However, the agreement did not suspend or transfer lawsuits in US courts to Germany. Instead, the US filed a statement of interest to inform US court that it is in the foreign policy interest of the US for the case to be dismissed (but its not an independent basis for dismissal)
Is state law or federal law applied?
federal law. The SC determined that the executive agreement with the german government preempts any contrary state law because it would interfere with the President’s foreign affairs power.
does the political question doctrine bar this lawsuit?
No. Adjudication would not interfere with the executives handling of foreign relations or show a lack of respect to the executives power in foreign affairs. The plain text of the Foundation Agreement anticipates that federal courts will consider claims against German corporations.
Did the court decide to abstain? and what reasons?
Yes, based on the strength of our govs. interests in using the foundation, the strength of the German govs. interests and the adequacy of the Foundation as an alternative forum.
The US has supported the foundation as the exclusive forum
The pres. determined that US citizens would best be served by the foundation agreement.
Germany also has interest in the foundations exclusivity
What would be the potential hurdle in American court?
statute of limitations has run
What about plaintiffs interest in forum?
the US and German government interests outweigh the Plaintiffs interests
What is the standard of review and its definition?
Abuse of discretion standard of review- make sure nothing violates US policy. If not we can sent the case to a foreign jurisdiction
How can a court show abstention?
through comity
What factors did the court look at for absention?
international comity, fairness to litigants, efficient use of scare judicial resources
