Before: Leval, Calabresi, and Pooler, C.JJ.

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PLAINTIFFS appealed a district court’s 2004 dismissal of lawsuits seeking payment of benefits on policies that family members had bought from defendant insurer in the years leading up to the Holocaust. According to plaintiffs’ complaint, the insurer betrayed policyholders by cooperating with the Nazi regime and refusing to pay the beneficiaries of policies bought by Jews and other persecuted minorities. The district court had dismissed plaintiffs’ action in reliance on the Supreme Court’s 2003 decision in American Insurance Association v. Garamendi. The court also concluded that their state law claims were preempted by the United States’ foreign policy favoring resolution of such claims by the International Commission on Holocaust Era Insurance Claims (ICHEIC). Plaintiffs had sought enforcement of their claimed contract rights against the insurer under state law. Under controlling authority of Garamendi, plaintiffs’ claims—which fell within the scope of the ICHEIC process—were preempted by U.S. foreign policy. Therefore, the Second Circuit affirmed the district court.