Exhaustion Requirement

United States Supreme Court Case: Exhaustion Requirement in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): In May 2011, the United States submitted a brief as amicus curiae in the Supreme Court of the United States at the invitation of the Court. Kingdom of Spain v. Estate of Claude Cassirer, No. 10-786. The case was brought by the estate of the descendant of a former owner of a painting that was confiscated by Nazi Germany and later came to be owned by an agency of the Spanish government. The Spanish government and the government agency petitioned for certiorari after the appeals court held that the suit against them could proceed. The United States brief is available at (internet link) justice.gov/osg/briefs/2010/2pet/6invit/2010-0786.pet.ami.inv.pdf. Excerpts below address whether there is an exhaustion requirement prior to seeking relief for expropriation in U.S. courts (with citations to the record and most footnotes omitted). See information on Privileges and Immunities in this legal Encyclopedia.A.2.b for discussion of the section of the brief addressing the applicability of the expropriation exception under the Foreign Sovereign Immunities Act (“FSIA”). The Supreme Court denied certiorari, allowing the appeals court ruling to stand and the case to proceed at the district court level.

U.S. Supreme Court Case: Exhaustion Requirement

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International Human Rights

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. Note: there is detailed information and resources, in relation with these topics during the year 2011, covered by the entry, in this law Encyclopedia, about U.S. Statement at the Inter-American Commission on Human Rights

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See Also

• International Claims
• State Responsability
• Nazi Era Claims