Examples of Current Cases

Hungarian Gold Train

Lead Cuneo Gilbert & LaDuca, L.L.P. Attorneys:
Jonathan W. Cuneo
David W. Stanley

HUNGARIAN GOLD TRAIN - PROPOSED SETTLEMENT FINALLY APPROVED
September 30, 2005

After a full-day's hearing on September 26, 2005, the landmark Hungarian Gold Train case reached a further milestone with the Court's final approval of a proposed settlement agreement between the United States Government and Hungarian Holocaust survivors and their heirs. With today's order, the way is clear for implementation of the settlement after expiration of the 60 days appeal period, assuming no appeal.

The Court-approved settlement in the case of Rosner et al. v. United States creates a Settlement Fund of up to $25.5 million. Of this sum, up to $21 million will be used to augment existing social welfare programs for Hungarian victims of Nazi persecution throughout the world over the next five years. The settlement also allocates $500,000 to fund and create an archival collection of information and artifacts regarding the Gold Train incident and the Holocaust in Hungary for the benefit of the class and other educational purposes. Finally, the settlement also provides for a statement by the United States acknowledging the events surrounding the Gold Train property. Such statement was issued by the United States on October 11, 2005.

Counsel for the class are extremely pleased with the final approval of the settlement in this historic case. We feel that it fairly resolves the claims that the Holocaust survivors and their heirs have against the United States Government, though nothing can truly compensate them for what they endured. Counsel will continue to monitor the implementation of the settlement over the next five years. Counsel for the class are Cuneo Waldman & LaDuca, LLP (Jonathan W. Cuneo and David W. Stanley) (202-789-3960); Hagens Berman Sobol Shapiro (Steve W. Berman and R. Brent Walton) (206-623-7292); and Dubbin & Kravetz (Samual J. Dubbin and Jeffrey L. Kravetz) (305-357-9004).

For more information, please go to:www.hungariangoldtrain.org. Or click on these links:

On May 7, 2001, Cuneo Gilbert & LaDuca, L.L.P. filed Irving Rosner, et al. v. United States of America in the United States District Court in Miami. The suit is a class action against the United States on behalf of Hungarian Holocaust survivors and their heirs. The suit claims the plaintiffs' valuable personal property was loaded on a train by the Hungarian Nazi government during the waning days of WWII. The United States Army later seized the train and its contents, but never returned the property to its owners or heirs. On August 28, 2002 the U.S. District Court for the Southern District of Florida sustained the complaint (in part) against a motion to dismiss. The case is proceeding.

On October 31, 2003, the plaintiffs filed a 172 page “amended complaint” that substantially deepens public knowledge of what happened with the Gold Train. The complaint relies on tens of thousands of documents found by plaintiffs and their attorneys in the U.S. government archives, the Clinton presidential library, and the archives of the Israeli and Hungarian government. Some of the documents used in the complaint were filed under seal. The plaintiffs also released a collection of documents, some of them never before made public, to bolster their case.

On March 17, Judge Patricia Seitz ordered a trial on jurisdiction, currently scheduled for early October in Miami. In the meantime, she ordered mediation of the case. The court appointed Fred Fielding, former counsel to President Reagan and a member of the National Commission on Terrorist Acts Upon the United States (the “9/11 Commission”). The government has moved to dismiss the case; the plaintiffs have replied (see documents below).

The Hungarian Gold Train case has drawn increasing attention from Members of Congress and other elected officials. Seventeen members of the U.S. Senate, led by Sens. Hillary Clinton (D-NY) and Arlen Specter (R-PA), wrote to Attorney General Ashcroft urging him to promptly resolve the case. The House of Representatives passed report language in the annual Appropriations bill for the Justice Department urging DOJ to resolve the case. Bipartisan House members from Florida and around the country have written to the Attorney General urging settlement. And the New York City Council - representing the largest group of Hungarian Holocaust survivors in the nation - passed a resolution urging the federal government to settle the case.

Edgar Bronfman op-ed in support of survivors

Growing support for Hungarian Holocaust survivors

Statement by Rep. Serrano on House Appropriations language (.pdf)

Senators' letter to Attorney General Ashcroft (.pdf)

New York City Council resolution (.pdf)

Letter from House Judiciary Committee members (.pdf)

Lawmakers Press Justice Department on Behalf of Gold Train Survivors (.pdf)

Amended Complaint Filed in Gold Train Case

Plaintiffs’ opposition to motion to dismiss