Tag Archives: Germany

Case of the Day: Schubarth v. Germany

J.S. Bach
A famous son of Thuringia.

The case of the day is Schubarth v. Federal Republic of Germany (D.D.C. 2016). The plaintiff, Mady Marieluise Schubarth, inherited 500 acres of land in Thuringia, Germany. She alleged that the land was expropriated by the East German government in 1945. After reunification, she applied to the Thuringia government for restitution, but she was dissatisfied with the award. In 1995, she applied for additional compensation under German law, claiming that under the treaty of friendship, commerce, and navigation between the United States and Germany (she was a US citizen), she was entitled to the fair market value of the land at the time of the expropriation. In 2014—nineteen years later!—the Thuringia government awarded her approximately € 35,000 in compensation, which she asserted was still not nearly enough. She sued in Washington.
Continue reading Case of the Day: Schubarth v. Germany

Case of the Day: PATS Aircraft,v. Vedder Munich

Boeing 737

The case of the day is PATS Aircraft, LLC v. Vedder Munich GmbH (D. Del. 2016). PATS had a contract with a customer for modification of a Boeing 737 jet. PATS subcontracted the interior work to Vedder’s predecessor in interest, Loher Raumexklusiv GmbH. The parties ended up in a contract dispute. Vedder brought a declaratory judgment action in Germany, while PATS brought an action for breach of contract and breach of warranty in Delaware. Vedder moved to dismiss for insufficient service of process.
Continue reading Case of the Day: PATS Aircraft,v. Vedder Munich

Case of the Day: Topsnik v. United States

Internal Revenue Service sign
Don’t mess with the IRS. Credit: Joshua Doubek

The case of the day is Topsnik v. United States (Fed. Cl. 2016). Gerd Topsnik was “a German resident who formerly had business interests in the United States.” He brought claims for damages, asserting that the government had wrongfully levied taxes on him. (In fact, his claims should have been brought as claims for a refund of taxes, for jurisdictional reasons that the judge explained but that I won’t go into here). The root of the claim was that the statute of limitations barred the government from collecting the taxes.
Continue reading Case of the Day: Topsnik v. United States