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Budha Ismail Jam, et al. v. International Finance Corporation

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 16-7051 · judgment June 23, 2017

Decided · February 27, 2019
Pre-decision estimate: 9% cert probability (95% interval 5%–14%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Questions presented

  1. Whether the International Organizations Immunities Act-which affords international organizations the "same immunity" from suit that foreign governments have, 22 U.S.C. § 288a (b)- confers the same immunity on such organizations as foreign governments have under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-11.

  2. If not, what are the rules governing the immunity to which international organizations are entitled? GRANTED LIMITED TO QUESTION 1 PRESENTED BY THE PETITION. JUSTICE KAVANAUGH IS RECUSED IN THIS CASE.

Counsel of record

For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

For respondent
Donald B. Verrilli Jr.
Munger, Tolles & Olson LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage · 10 merits
(4 supporting pet./neither, 6 respondent)

Argument & decision

Argued October 31, 2018 — Jeffrey L. Fisher · Donald B. Verrilli. Audio and transcript

Decided February 27, 2019. Opinion by Roberts, C.J..

Proceedings

  1. Apr 01 2019
    JUDGMENT ISSUED.
  2. Feb 27 2019
    Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Ginsburg, Alito, Sotomayor, Kagan, and Gorsuch, JJ., joined. Breyer, J., filed a dissenting opinion. Kavanaugh, J., took no part in the consideration or decision of the case.
  3. Oct 31 2018
    Argued. For petitioners: Jeffrey L. Fisher, Stanford, Cal.; and Jonathan Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Donald B. Verrilli, Jr., Washington, D. C.
  4. Oct 19 2018
    Justice Kavanaugh is recused in this case.
  5. Oct 05 2018
    Reply of petitioners Budha Ismail Jam, et al. filed. (Distributed)
  6. Oct 01 2018
    Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
  7. Oct 01 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  8. Sep 21 2018
    Record from the U.S.C.A. Dist. of Columbia Circuit is electronic and located on PACER.
  9. Sep 17 2018
    Brief amici curiae of International Law Experts filed. (Distributed)
  10. Sep 17 2018
    Brief amici curiae of International Bank for Reconstruction and Development, et al. filed. (Distributed)
  11. Sep 17 2018
    Brief amici curiae of Member Countries and the Multilateral Investment Guarantee Agency filed. (Distributed)
  12. Sep 17 2018
    Brief amici curiae of Former Secretaries of State and Secretaries of the Treasury filed. (Distributed)
  13. Sep 17 2018
    Brief amici curiae of Former Executive Branch Attorneys filed. (Distributed)
  14. Sep 17 2018
    Brief amici curiae of African Union, et al. filed. (Distributed)
  15. Sep 12 2018
    CIRCULATED
  16. Sep 11 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  17. Sep 10 2018
    Record requested from the U.S.C.A. Dist. of Columbia Circuit.
  18. Sep 10 2018
    Brief of respondent International Finance Corporation filed.
  19. Aug 20 2018
    SET FOR ARGUMENT on Wednesday, October 31, 2018
  20. Jul 31 2018
    Brief amici curiae of Professors of International Organization and International Law filed.
  21. Jul 31 2018
    Brief amicus curiae of United States filed.
  22. Jul 31 2018
    Brief amici curiae of Center for International Environmental Law, et al. filed.
  23. Jul 31 2018
    Brief amici curiae of Bipartisan Members of Congress filed.
  24. Jul 24 2018
    Motion for a further extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is further extended to and including July 24, 2018. The time to file respondent's brief on the merits is further extended to and including September 10, 2018.
  25. Jul 24 2018
    Brief of petitioners Budha Ismail Jam, et al. filed.
  26. Jul 09 2018
    Motion for a further extension of time to file the opening briefs on the merits filed.
  27. Jul 03 2018
    Motion to dispense with printing the joint appendix filed by petitioner Budha Ismail Jam, et al.
  28. Jul 02 2018
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 13, 2018. The time to file respondent's brief on the merits is extended to and including August 29, 2018.
  29. Jul 02 2018
    Blanket Consent filed by Respondent, International Finance Corporation.
  30. Jun 27 2018
    Blanket Consent filed by Petitioner, Budha Ismail Jam, et al.
  31. Jun 15 2018
    Motion for an extension of time to file the briefs on the merits filed.
  32. May 21 2018
    Petition GRANTED limited to Question 1 presented by the petition.
  33. May 14 2018
    DISTRIBUTED for Conference of 5/17/2018.
  34. Apr 18 2018
    DISTRIBUTED for Conference of 5/10/2018.
  35. Apr 18 2018
    Reply of petitioners Budha Ismail Jam, et al. filed. (Distributed)
  36. Mar 30 2018
    Brief of respondent International Finance Corporation in opposition filed.
  37. Mar 15 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including March 30, 2018.
  38. Mar 13 2018
    Motion to extend the time to file a response from March 23, 2018 to March 30, 2018, submitted to The Clerk.
  39. Feb 21 2018
    Brief amicus curiae of International Law Scholars filed.
  40. Feb 12 2018
    Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2018.
  41. Feb 09 2018
    Motion to extend the time to file a response from February 21, 2018 to March 23, 2018, submitted to The Clerk.
  42. Feb 09 2018
    Blanket Consent filed by Petitioners, Budha Ismail Jam, et al..
  43. Jan 19 2018
    Petition for a writ of certiorari filed. (Response due February 21, 2018)
  44. Dec 11 2017
    Application (17A606) granted by The Chief Justice extending the time to file until January 25, 2018.
  45. Dec 01 2017
    Application (17A606) to extend the time to file a petition for a writ of certiorari from December 25, 2017 to January 25, 2018, submitted to The Chief Justice.
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