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Clearstream Banking S.A. v. Deborah D. Peterson, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 15-0690 · judgment November 21, 2017

GVR'd · January 13, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In 2014, this Court reaffirmed that “[o]ur courts generally lack authority . . . to execute against property in other countries.” Republic of Argentina v. NML Capital, Ltd., 134 S. Ct. 2250, 2257 (2014). Absent congressional authorization, the Second Circuit relied on a state law decision to hold that a district court sitting in New York can execute against foreign sovereign property located abroad by coercing a foreign garnishee over which the court has personal jurisdiction to transfer property not subject to the court’s jurisdiction into the United States for potential execution. The question presented is whether foreign sovereign property held by a foreign financial intermediary in a foreign country may, under any circumstances, be subject to execution in United States courts.

Counsel of record

For petitioner
Benjamin Shalom Kaminetzky
Davis Polk & Wardwell LLP

For respondent
Matthew Dempsey McGill
King & Spalding LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Related
Vide, 17-1530, 17-1534

Proceedings

  1. Feb 14 2020
    JUDGMENT ISSUED.
  2. Jan 13 2020
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the National Defense Authorization Act for Fiscal Year 2020, Pub. L. No. 116-__ (S. 1790).
  3. Dec 23 2019
    DISTRIBUTED for Conference of 1/10/2020.
  4. Dec 23 2019
    Supplemental brief of respondents Deborah D. Peterson, et al. filed. VIDED. (Distributed)
  5. Dec 20 2019
    Supplemental brief of petitioner Clearstream Banking S.A. filed.
  6. Dec 20 2019
    Supplemental brief of United States filed. VIDED.(Distributed)
  7. Dec 09 2019
    Brief amicus curiae of United States filed. VIDED.
  8. Oct 01 2018
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  9. Jul 25 2018
    DISTRIBUTED for Conference of 9/24/2018.
  10. Jul 24 2018
    Reply of petitioner Clearstream Banking S.A. filed. (Distributed)
  11. Jul 11 2018
    Brief of respondents Deborah D. Peterson, et al. in opposition filed. VIDED.
  12. Jun 06 2018
    Motion to extend the time to file a response is granted and the time is extended to and including July 11, 2018.
  13. May 31 2018
    Motion to extend the time to file a response from June 11, 2018 to July 11, 2018, submitted to The Clerk.
  14. May 08 2018
    Petition for a writ of certiorari filed. (Response due June 11, 2018)