Alperin vs. Vatican Bank and Franciscan Order

In a 2-1 decision issued on April 18, 2005, the Ninth Circuit Court of Appeals ruled that certain Holocaust survivors could proceed at the pleading stage with their class action lawsuit against the Vatican Bank for return of property looted by Nazi allies during World War II, which allegedly was deposited in that bank. The court rejected defendants’ contention that the claims raised political questions that the courts were constitutionally prohibited from adjudicating. Even though the Vatican Bank may be an instrumentality of the Holy See in the sovereign Vatican City, the court ruled that “claims for conversion, unjust enrichment, restitution and an accounting with respect to lost and looted property are not committed to the political branches.” Thus, this case has implications for any foreign business facing war-related or human rights based property claims in United States courts.

See www.vaticanbankclaims.com