Gilbert M. Hair and Ethel Blaine Millett (On Behalf of Themselves and All Others Similarly Situated) v. United States

PLAGER, Senior Circuit Judge.

This is a takings case, in which the triggering event — the 1951 Treaty of Peace between the United States and Japan (known as the San Francisco Treaty) that formally ended World War II in the Pacific Theater — occurred more than fifty years ago'. Plaintiffs purport to represent a class of 400,000 to 600,000 United States citizens injured or killed as a result of Japan’s war against the United States; plaintiffs’ prayer for relief seeks damages against the United States in the amount of $1 trillion. 1

It is plaintiffs’ claim that, by barring individual claims…