Herero People's Reparations Corp. v. Deutsche Bank

RANDOLPH, Circuit Judge:

Those who appeal the dismissal of their complaint for failure to state a claim ordinarily argue their claim has merit. In this case, the appellants seek to convince us their claim had far less merit than the district court believed; that it was, in fact, so insubstantial that federal question jurisdiction did not exist. A ruling to this effect would send the case back to the Superior Court of the District of Columbia where it began and would, appellants hope, prevent preclusion of a nearly identical complaint they filed in the Southern District of New York.

Appellants…