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Published online by Cambridge University Press: 31 October 2022
On August 6, 2021, the U.S. Court of Appeals for the Seventh Circuit issued its judgment in Scalin. The case involved descendants of Jewish people in France who were sent to concentration camps on trains operated by the defendant railroad company. The descendants sued the railroad for personal property stolen by the railroad workers an given to the Nazis, arguing that the expropriation exception in the Foreign Sovereign Immunities Act (FSIA) for cases applied and that therefore, the case could be heard by U.S. courts. The district court dismissed the complaint, holding that the plaintiff descendants should pursue their complaint within the French administrative claims framework set up specifically to compensate victims of the Nazi regime. The district court relied on precedent permitting U.S. courts to abstain in favor of compensation systems based in the state where the harm occurred. In the meantime, the DC District Court disagreed with that precedent, holding that abstention is never proper and the Seventh Circuit suspended the appeal while the Supreme Court considered the Philipp case. After that judgment, the plaintiffs in this case asked the Court to remand the case to the district court so that the district court could determine whether any of the plaintiffs' predecessors in interest were not French citizens at the time the property was taken. The Court opined that a remand of this nature would omit consideration of the essential question in this case: “what is the plaintiffs' claim in the first place?” The Court noted that this “is a triple-foreign suit: plaintiffs allege that nationals of a country other than the United States were injured by a foreign entity (SNCF) in a foreign nation (France).” Although one of the plaintiffs is a U.S. citizen, the case nonetheless involves a foreign claim.