Hyunseok Kim | Republic of Hungary v. Simon

This case presents a circuit split on the interpretation of the Foreign Sovereign Immunities Act's (FSIA) expropriation exception, specifically concerning the “commercial nexus” requirement and pleading standards. The dispute arises from a case filed by plaintiffs, mostly foreign nationals, seeking compensation for personal property seized by Hungary or MÁV (the Hungarian national railway) during the Holocaust in 1944. See Simon v. Republic of Hungary, 37 F. Supp. 3d 381, 385–386 (D.D.C. 2014); Simon v. Republic of Hungary, 77 F.4th 1077, 1091–92 (D.C. Cir. 2023) (Simon III).

The FSIA's expropriation exception removes a defendant's immunity when the matter concerns property rights taken in violation of international law, and the property has a “commercial nexus” with the United States.