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PHILIPP v. FEDERAL REPUBLIC OF GERMANY (2021)

United States Court of Appeals, District of Columbia Circuit.

Alan PHILIPP, et al., Appellees v. FEDERAL REPUBLIC OF GERMANY, a Foreign State and Stiftung Preussischer Kulturbesitz, Appellants

No. 17-7064

Decided: March 16, 2021

Before: Tatel and Wilkins, Circuit Judges

Nicholas M. O'Donnell, Sullivan & Worcester LLP, Boston, MA, for Plaintiffs-Appellees Benjamin M. Daniels, Jonathan Marc Freiman, David R. Roth, Esquire, Attorney, Wiggin and Dana LLP, New Haven, CT, New Haven, CT, David L. Hall, Esquire, Wiggin and Dana LLP, Philadelphia, PA, for Defendants-Appellants Casen Ross, Sharon Swingle, U.S. Department of Justice, (DOJ) Civil Division, Appellate Staff, Washington, DC, for Amicus Curiae United States of America Ariel N. Lavinbuk, Attorney, Gary A. Orseck, David Hunter Smith, Esquire, Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Washington, DC, for Amicus Curiae for Appellee David Toren

JUDGMENT

These causes came to be heard on remand from the Supreme Court of the United States, vacating this court's judgment filed July 10, 2018, and remanding for further proceedings. Upon consideration of the foregoing, it is

ORDERED and ADJUDGED that these consolidated cases be remanded to the District Court for further proceedings consistent with the Supreme Court's opinion in Federal Republic of Germany v. Philipp, ––– U.S. ––––, 141 S. Ct. 703, ––– L.Ed.2d –––– (2021). On remand, the District Court is to consider whether the sale of the Welfenschatz is not subject to the domestic takings rule because the consortium members were not German nationals at the time of the transaction, including whether this argument was adequately preserved in the District Court. Id. at 716-17.

The Clerk is directed to issue the mandate forthwith to the District Court.

Per Curiam

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PHILIPP v. FEDERAL REPUBLIC OF GERMANY (2021)

Docket No: No. 17-7064

Decided: March 16, 2021

Court: United States Court of Appeals, District of Columbia Circuit.

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