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


Certiorari denied · May 26, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above 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 counsel who has filed here before.

Questions presented

This Conditional Cross-Petition presents recurring issues of critical importance under the Foreign Sovereign Immunities Act (“FSIA”) and for the relations of the United States with other nations:

  1. Whether the term “extrajudicial killing” means a summary execution by state actors, as is consistent with international law and the statutory text, context, and purpose of 28 U.S.C. § 1605A(a).

  2. Whether foreign sovereign immunity may be withdrawn for emotional distress claims brought by family members of victims under § 1605A(a)(2)(A)(ii).

  3. Whether § 1605A(c) provides the exclusive remedy for actions brought under § 1605A(a), and forecloses state substantive causes of action previously asserted through the “pass-through” provision of 28 U.S.C. § 1606.

  4. Whether the statute of limitations contained in § 1605A(b) is jurisdictional in nature and, if it is not, whether the D.C. Circuit should nonetheless have heard Sudan’s limitations defense asserted through its timely, direct appeal.

  5. Whether the undisputed fact of civil war, internal strife, and partitioning of Sudan into two countries constitutes excusable neglect or extraordinary circumstances for vacatur under Rule 60(b) of the Federal Rules of Civil Procedure.

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
1 cert-stage

Proceedings

  1. May 26 2020
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. May 19 2020
    Second supplemental brief of petitioners The Republic of the Sudan, et al. filed.
  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 04 2019
    Supplemental brief of petitioners The Republic of the Sudan, et al. filed. (Distributed)
  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 petitioners The Republic of the Sudan, et al. filed. (Distributed)
  11. May 08 2018
    Brief of respondents James Owens, et al. in opposition filed.
  12. May 08 2018
    Brief of respondents Monicah Okoba Opati, et al. in opposition filed.
  13. Apr 09 2018
    Petition for a writ of certiorari filed. (Response due May 10, 2018)