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Republic of Sudan, et al. v. James Owens, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 14-5105 · judgment July 28, 2017

Certiorari denied · May 26, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below and a circuit split argued in the petition.

Questions presented

This Petition presents three important and recurring questions concerning the circumstances under which U.S. courts have subject-matter jurisdiction over actions against foreign states under the Foreign Sovereign Immunities Act (“FSIA”):

  1. Whether plaintiffs suing a foreign state bear a “lighter burden” in establishing the facts necessary for jurisdiction than in proving a case on the merits, when this Court held to the contrary — at the urging of the Solicitor General and the Department of State — in Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., 137 S. Ct. 1312 (2017).

  2. Whether plaintiffs suing a foreign state can establish facts necessary for jurisdiction “based solely upon” the opinion testimony of so-called “terrorism experts,” when the record lacks admissible factual evidence sufficient to establish jurisdiction.

  3. Whether plaintiffs’ failure to prove a foreign state “either specifically intended or directly advanced” a terrorist attack is “irrelevant to proximate cause and jurisdictional causation,” when (i) the FSIA’s “terrorism exception” establishes jurisdiction over a foreign state only where the foreign state provided material support “for” a specified act of terrorism, and (ii) proximate causation requires a “direct relationship” between the defendant’s conduct and the resultant injury.

Counsel of record

For petitioner
Christopher M. Curran
White & Case LLP

For respondent
Matthew Dempsey McGill
King & Spalding LLP

Case

Conference history
Distributed for 4 conferences

Amicus briefs
2 cert-stage

Linked docket
17A667

Proceedings

  1. May 26 2020
    Motion for leave to file amici brief filed by Former U.S. Ambassadors GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
  2. May 26 2020
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  3. May 18 2020
    DISTRIBUTED for Conference of 5/21/2020.
  4. Jun 26 2019
    DISTRIBUTED for Conference of 6/27/2019.
  5. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  6. Jun 03 2019
    Supplemental brief of petitioners Republic of Sudan, et al. filed.
  7. May 21 2019
    Brief amicus curiae of United States filed.
  8. Jun 11 2018
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  9. May 22 2018
    DISTRIBUTED for Conference of 6/7/2018.
  10. May 22 2018
    Reply of petitioner Republic of Sudan, et al. filed. (Distributed)
  11. May 07 2018
    Brief of respondents James Owens, et al. in opposition filed.
  12. Apr 05 2018
    Brief amici curiae of Terrorism and Evidence Experts filed.
  13. Apr 05 2018
    Motion for leave to file amici brief filed by Former U.S. Ambassadors.
  14. Mar 26 2018
    Motion to extend the time to file a response is granted and the time is extended to and including May 7, 2018.
  15. Mar 23 2018
    Motion to extend the time to file a response from April 5, 2018 to May 7, 2018, submitted to The Clerk.
  16. Mar 02 2018
    Petition for a writ of certiorari filed. (Response due April 5, 2018)
  17. Dec 22 2017
    Application (17A667) granted by The Chief Justice extending the time to file until March 2, 2018.
  18. Dec 20 2017
    Application (17A667) to extend the time to file a petition for a writ of certiorari from January 1, 2018 to March 2, 2018, submitted to The Chief Justice.
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