Holocaust-Related Litigation
Lieff Cabraser has taken a leading role in prosecuting claims by Holocaust survivors against banks, private manufacturers and other corporations that enslaved and/or retained or looted the assets of Jews and other minority groups persecuted by the Nazi Regime during the Second World War era.
French Banks Litigation
Lieff Cabraser was one of the lead counsel responsible for settling claims against French banks arising out of their Nazi-era conduct. Under the settlement, a US $22.5 million fund was created to pay claims by Holocaust victims regarding the blocking and/or looting of accounts by banks operating in France during the Nazi era. Survivors received compensation from this fund even without proof of a bank account, if a good faith basis for the existence of a bank account was shown. People in this category received at least US $1,500.
Those who had evidence of a specific bank account, or who have other property claims, could apply to the Commission for the Compensation of Victims of Spoliation Resulting from Anti-Semitic Legislation in Force During the Occupation. The deadline to file a claim was January 18, 2003.
Read more information on these compensation funds and get claim forms.
There was also a settlement in the United States with J.P. Morgan and Barclay's Bank, relating to the conduct of their French branches during World War II. The deadline for submitting a claim under this settlement was September 30, 2002.
Austrian Labor and Property Claims
Lieff Cabraser participated in multi-national negotiations in Washington DC and Vienna which resolve Nazi-era labor and property claims against Austrian entities.
Under the slave labor settlement, the Austrian government and Austrian entities agreed to provide ATS 6 billion (approximately US $396 million as of 09/04/01) through the Austrian Reconciliation Fund, to be distributed to those who performed slave or forced labor for an Austrian entity. Persons who performed slave labor received ATS 105,000 (approximately US $6,900), and those who performed forced labor received ATS 35,000 (approximately US $2,300) or ATS 20,000 (approximately US $1,300) , depending upon the entity for which the work was performed. Heirs of slave and forced laborers who died before February 15, 2000 were not eligible for compensation. Read more information about this "Reconciliation Fund" and get claim forms.
Under the property agreement, a General Settlement Fund of US $210 million has been established by the Austrian government to pay property claims by Austrian victims of Nazism. Other benefits include modifications to the social welfare laws in Austria for the benefit of survivors. The deadline for both labor and property claims was May 27, 2003; however, the deadline for submitting claims specifically for losses or damages relating to apartment and small business leases, household property and/or personal valuables and effects was February 22, 2002. Get more information about this settlement.
Insurance Litigation
Some insurance claims have been settled as part of the German and Swiss settlements, as described above. (Read more information on the Swiss Bank Claims generally.)
Additionally, Lieff Cabraser is currently prosecuting Nazi-era claims against Generali, an Italian insurer, and against several Swiss insurers, for failing to pay Nazi-era policies. The case is pending in the United States District Court for the Southern District of New York. There is no settlement in this case, and there is no claims process related to the litigation. However, there is an international group that has been trying to process claims against certain European insurers. The International Commission on Holocaust-Era Insurance Claims has extended its deadline for claims to December 31, 2003, from September 30, 2003. Obtain additional information about that process by contacting the International Commission on Holocaust-Era Insurance Claims.
On September 25, 2002, in the Holocaust Insurance Litigation (discussed below), U.S. District Court Judge Michael B. Mukasey denied motions to dismiss the case filed by defendants Assicurazioni Generali S.p.A. and Zurich Life Insurance Company. The Court's Order reaffirmed plaintiffs' choice of a United States Court to prosecute their Nazi-era claims against the insurance companies for allegedly refusing to pay benefits under policies the companies issued. Commenting on the decision, Lieff Cabraser partner Morris A. Ratner stated, "Today's decision represents a victory for the tens of thousands of persons whose parents or other relatives perished in the Holocaust, and who are the potential beneficiaries of insurance policies issued by Generali or Zurich Life."
Read a copy of the Court's Order (Adobe Acrobat format) or read a Press Release summarizing the Order (html).
The Swiss Settlement
Lieff Cabraser was Settlement Class Counsel in a case involving claims against Swiss banks and other Swiss entities. The plaintiffs, Holocaust survivors and their families, alleged that the Swiss banks had blocked their efforts to reclaim money that they deposited in the banks or that the Nazis had looted and stored in the banks. On July 26, 2000, U.S. District Court Judge Edward R. Korman gave final approval to a $1.25 billion accord to settle the claims.
Read a copy of the final approval order (Adobe Acrobat format).
Obtain more information about this settlement.
In September 2002, Lieff Cabraser donated its attorneys' fee award in
the Swiss Banks case, in the amount of $1.5 million, to endow a clinical
chair in Human Rights at Columbia University Law School, to train
future lawyers to help victims of human rights abuses. Read
a copy of the court order relating to this donation.
Commenting on the settlement, Lieff Cabraser partner and Settlement Class Counsel Morris Ratner stated, "The Swiss Banks matter is an example of the type of case that we at the firm care about, and of our pro bono efforts. We are fortunate to have the resources and proud to dedicate our time to prosecute cases that are in the public interest, serve compelling moral interests, and seek to vindicate the most fundamental human rights of Americans and people around the world."
The German Settlement
We were leading participants in the negotiations for the creation of a 10 billion Deutschemark (US $4.5 billion) German Foundation announced at the end of 1999. This resolves (and is the source of compensation for) all Nazi-era claims against German entities, including all Holocaust-era banking, insurance, and slave labor claims. The claims process is ongoing.
Commenting on the work of Lieff Cabraser and co-counsel in the case, U.S. District Court Judge William G. Bassler stated on November 13, 2002:
"Up until this litigation, as far as I can tell, perhaps with some minor exceptions, the claims of slave and forced labor fell on deaf ears. You can say what you to say about class actions and about attorneys, but the fact of the matter is, there was no attention to this very, very large group of people by Germany, or by German industry until these cases were filed. . . . What has been accomplished here with the efforts of the plaintiffs' attorneys and defense counsel is quite incredible. . . I want to thank counsel for the assistance in bringing us to where we are today. Cases don't get settled just by litigants. It can only be settled by competent, patient attorneys."
In re Holocaust Era German Industry, Bank & Insurance Litigation (MDL No. 1337).
Holocaust Lawsuit and Claims-Related Internet Sites
Swiss Banks
http://www.swissbankclaims.com
Austrian Property
http://www.nationalfonds.org/aef/english/index.htm
Austrian Slave and Forced Labor
http://www.reconciliationfund.at/
French Banks
http://www.civs.gouv.fr/uk/autre/index.htm
International Commission on Holocaust Era Insurance Claims
http://www.ICHEIC.org
International Organization for Migration (IOM)
http://www.iom.int
German Forced Labour
http://www.compensation-for-forced-labour.org
Claims Conference
http://www.claimscon.org
Claims Resolution Tribunal
http://www.crt-ii.org
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a fifty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York and Nashville. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last six years, the National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.
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