Holocaust Survivors' Class Action Dismissed
Headline Legal News
A federal judge dismissed Holocaust survivors' class-action claim that the Republic of France and its railroad company stole thousands of Jews' property as they were being deported to Nazi-run concentration camps. "(T)he court concludes that the bounds of its jurisdiction are not coterminous with the moral force of Plaintiffs' claims,' U.S. District Judge Richard Sullivan wrote. Judge Sullivan ruled: "(T)he Court finds that it lacks subject matter jurisdiction to adjudicate Plaintiffs' claims under the Foreign Sovereign Immunities Act ... and that, even if jurisdiction were proper, the case presents serious justiciability issues that make abstention appropriate. Accordingly, Defendants' motions to dismiss are granted."
Suing for the class of Holocaust deportees and their heirs, Lead plaintiff Mathilde Freund sued The Republic of France, the Société Nationale des Chemins de Fer Français, and the Caisses des Dépôts et Consignations.
Plaintiffs' lead counsel was Harriet Tamen. France's lead counsel was Jeremy Goldman Epstein with Shearman & Sterling.
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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.