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Monicah Okoba Opati, In Her Own Right, and as Executrix of the Estate of Caroline Setla Opati, Deceased, et al. v. Republic of Sudan, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 14-7124, 14-7125, 14-7127, 14-7128 · judgment July 28, 2017

Decided · May 18, 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

The questions presented are:

  1. Whether a party which knowingly and intentionally twice defaults, acts to delay and not in good faith, and affirmatively elects not to contest a nonjurisdictional legal issue before judgment may nevertheless demonstrate "extraordinary" and "exceptional" circumstances warranting appellate review of the forfeited nonjurisdictional legal issue post-judgment.

  2. Whether, consistent with this Court's decision in Republic of Austria v. Altmann, 541 U.S. 677 (2004), the Foreign Sovereign Immunities Act applies retroactively; thereby permitting recovery of punitive damages under 28 U.S.C. § l605A(c) against foreign states for terrorist activities occurring prior to the passage of the current version of the statute. GRANTED LIMITED TO QUESTION 2 PRESENTED BY THE PETITION. JUSTICE KAVANAUGH TOOK NO PART.

Counsel of record

For petitioner
Matthew Dempsey McGill
King & Spalding LLP

For respondent
Christopher M. Curran
White & Case LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage · 1 merits
(1 supporting pet./neither)

Argument & decision

Argued February 24, 2020 — Matthew D. McGill · Christopher M. Curran. Audio and transcript

Decided May 18, 2020. Opinion by Gorsuch.

Proceedings

  1. Jun 19 2020
    JUDGMENT ISSUED.
  2. May 18 2020
    Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which all other Members joined, except Kavanaugh, J., who took no part in the consideration or decision of the case. Justice Kavanaugh took no part in the consideration or decision of this petition.
  3. Feb 24 2020
    Argued. For petitioners: Matthew D. McGill, Washington, D. C.; and Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Christopher M. Curran, Washington, D. C.
  4. Jan 21 2020
    CIRCULATED
  5. Jan 13 2020
    The record from the U.S.D.C. DC circuit is electronic and located on PACER.
  6. Jan 09 2020
    Record requested from the U.S.C.A. District of Columbia Circuit.
  7. Dec 23 2019
    Reply of petitioners Monicah Okoba Opati, et al. filed.
  8. Dec 09 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
  9. Nov 26 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  10. Nov 26 2019
    SET FOR ARGUMENT on Monday, February 24, 2020.
  11. Nov 22 2019
    Brief of respondents Republic of Sudan, et al. filed.
  12. Sep 24 2019
    Brief amicus curiae of United States filed.
  13. Sep 17 2019
    Brief of petitioners Monicah Okoba Opati, et al. filed.
  14. Sep 17 2019
    Joint appendix filed.
  15. Aug 02 2019
    Joint 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 September 17, 2019. The time to file respondents' brief on the merits is extended to and including November 22, 2019.
  16. Jul 26 2019
    Joint motion for an extension of time to file the briefs on the merits filed.
  17. Jun 28 2019
    Petition GRANTED limited to Question 2 presented by the petition. Justice Kavanaugh took no part in the consideration or decision of this petition.
  18. Jun 26 2019
    DISTRIBUTED for Conference of 6/27/2019.
  19. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  20. Jun 04 2019
    Supplemental brief of respondents Republic of Sudan, et al. filed. (Distributed)
  21. May 21 2019
    Brief amicus curiae of United States filed.
  22. Jun 11 2018
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  23. May 22 2018
    DISTRIBUTED for Conference of 6/7/2018.
  24. May 08 2018
    Reply of petitioners Monicah Okoba Opati, et al. filed.
  25. Apr 09 2018
    Brief of respondents Republic of Sudan, et al. in opposition filed.
  26. Mar 02 2018
    Petition for a writ of certiorari filed. (Response due April 9, 2018)
  27. Dec 27 2017
    Application (17A680) granted by The Chief Justice extending the time to file until March 2, 2018.
  28. Dec 22 2017
    Application (17A680) 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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