Supreme Court of the United States · Official docket →
David L. de Csepel, et al. v. Republic of Hungary, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 16-7042 · judgment June 20, 2017
Before the decision, about 2.6× 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).
Question presented
The Foreign Sovereign Immunities Act provides that: A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case . . . in which rights in property taken in violation of international law are in issue and [i] that property or any property exchanged for such property is present in the United States in connection with a commercial activity carried on in the United States by the foreign state; or [ii] that property or any property exchanged for such property is owned or operated by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States. 28 U.S.C. § 1605(a)(3) (emphasis added). The question presented is: Whether a foreign state itself is immune from suit in the United States in a case in which rights in property taken in violation of international law are in issue, the property is located outside the United States, the property is owned or operated by an agency or instrumentality of the foreign state, and that agency or instrumentality is engaged in commercial activity in the United States.
Counsel of record
For petitioner
Sarah Elaine Harrington
Covington & Burling LLP
For respondent
Sarah Erickson Andre
Nixon Peabody LLP
Proceedings
- Jan 07 2019Motion for leave to file amicus brief filed by Ambassador Stuart E. Eizenstat GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
- Jan 07 2019Motion for leave to file amici brief filed by AJC, et al. GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
- Jan 07 2019Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
- Dec 19 2018DISTRIBUTED for Conference of 1/4/2019.
- Dec 18 2018Supplemental brief of petitioners David L. de Csepel, et al. filed.
- Dec 04 2018Brief amicus curiae of United States filed.
- Jun 25 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Jun 05 2018DISTRIBUTED for Conference of 6/21/2018.
- Jun 05 2018Supplemental brief of respondents Republic of Hungary, et al. filed. (Distributed)
- Jun 04 2018Reply of petitioners David L. de Csepel, et al. filed.
- May 21 2018Brief of respondents Republic of Hungary, et al. in opposition filed.
- Apr 11 2018Motion to extend the time to file a response is granted and the time is further extended to and including May 21, 2018.
- Apr 09 2018Motion to extend the time to file a response from April 23, 2018 to May 21, 2018, submitted to The Clerk.
- Mar 23 2018Motion for leave to file amicus brief filed by Ambassador Stuart E. Eizenstat.
- Mar 23 2018Motion for leave to file amici brief filed by AJC (Formally The American Jewish Committee), et al.
- Feb 28 2018Motion to extend the time to file a response is granted and the time is extended to and including April 23, 2018.
- Feb 26 2018Motion to extend the time to file a response from March 23, 2018 to April 23, 2018, submitted to The Clerk.
- Feb 16 2018Petition for a writ of certiorari filed. (Response due March 23, 2018)
- Dec 12 2017Application (17A629) granted by The Chief Justice extending the time to file until March 2, 2018.
- Dec 11 2017Application (17A629) to extend the time to file a petition for a writ of certiorari from January 2, 2018 to March 2, 2018, submitted to The Chief Justice.