Abelesz v. Erste Group Bank

In action by plaintiff-Holocaust survivors and victims against defendant-private bank seeking under expropriation exception to Foreign Sovereign Immunity Act over $75 billion on allegations that defendant participated in expropriating property from Hungarian Jews during World War II, Ct. of Appeals lacked jurisdiction to consider appeal of defendant's motion to dismiss case on political question defense grounds arising out of U.S. involvement in creation of Austrian General Settlement Fund. Denial of motion to dismiss was not final and appealable order and was not collateral order that could be immediately appealed. Ct. also rejected defendant's invitation to exercise pendant appellate jurisdiction of appeal in instant case based on existence of appeal of collateral order in which Dist Ct. denied motion to dismiss on sovereign immunity grounds filed by co-defendants (Hungarian national bank and national railway) to which Ct. of Appeals had jurisdiction. Ct. also denied defendant's petition for writ of mandamus that had similarly challenged denial of its motion to dismiss on same political question doctrine argument after finding that defendant, which argued that U.S. govt.'s filing of Statement of Interest required immediate dismissal of instant case, had failed to establish clear right to mandamus relief where Statement of Interest did not itself compel dismissal of instant claims against defendant.