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Thyssen-Bornemisza Collection Foundation v. David Cassirer, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-55550, 15-55977 · judgment July 10, 2017

Certiorari denied · May 14, 2018

Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

This case presents a question nearly identical to the second question presented in Animal Science Products, Inc., v. Hebei Welcome Pharmaceutical Co., Ltd., No. 16-1220, on which this Court granted review. The question presented is: Whether a foreign sovereign’s interpretation of its domestic law is entitled to conclusive deference (as held by the Second Circuit in Animal Science Products), significant deference, as recognized by the Seventh Circuit and as advocated now by the U.S. Solicitor General, or no deference, as implied by the Ninth Circuit in this action?

Counsel of record

For petitioner
Sarah Erickson Andre
Nixon Peabody LLP

For respondent
David Boies
Boies Schiller Flexner LLP

Case

Conference history
Distributed for 1 conference

Proceedings

May 14 2018
Motion for leave to file amici brief filed by Comunidad Judía De Madrid and Federación De Comunidades Judías De España GRANTED.
May 14 2018
Petition DENIED.
Apr 24 2018
DISTRIBUTED for Conference of 5/10/2018.
Apr 20 2018
Reply of petitioner Thyssen-Bornemisza Collection Foundation filed.
Apr 06 2018
Brief of respondents David Cassirer, et al. in opposition filed.
Apr 06 2018
Motion for leave to file amici brief filed by Comunidad Judía De Madrid and Federación De Comunidades Judías De España in support of respondents.
Mar 05 2018
Petition for a writ of certiorari filed. (Response due April 6, 2018)