Block on Trump's Asylum Ban Upheld by Supreme Court
In an action under international law seeking to recover a painting on display at a Spanish museum that was allegedly stolen by Nazis during World War II, defendants' appeal from a denial of their motions to dismiss is dismissed in part, where there was no final judgment on the issues of personal jurisdiction, standing, and the existence of a justiciable case or controversy. However, the district court's order is vacated in part where the expropriation exception of the Foreign Sovereign Immunities Act applied when the foreign state (against whom a claim is made) was not the entity that expropriated the property in violation of international law.
Argued September 24, 2007
Submitted September 8, 2009
Opinion by Judge Smith
Dissent by Judge Ikuta