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Martyn Baylay v. Etihad Airways P.J.S.C.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 16-4113, 17-1958 · judgment February 7, 2018

Certiorari denied · October 1, 2018
Pre-decision estimate: 2% cert probability

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

Question presented

  1. Does the Foreign Sovereign Immunities Act permit adjudication of claims against a “foreign state” (as defined by 28 U.S.C. § 1603(a)) outside of federal and state courts?

  2. In drafting the Foreign Sovereign Immunities Act, did Congress intend to create a two-stage process for a claimant to pursue his claim for work-related injuries when his employer is a “foreign state” and the state where the injury occurred has state agency that adjudicates such claims?

  3. May the executive branch of the government of the State of Illinois (i.e., Industrial Commission of Illinois) exercise authority/jurisdiction to decide a claim against a “foreign state”, and its agencies and instrumentalities, when Congress, in enacting the Foreign Sovereign Immunities Act, transferred all issues related to a foreign state’s immunity (or any waiver thereof) to the judiciary and away from the executive branch of government.

Counsel of record

For petitioner
Craig Michael Sandberg
Muslin & Sandberg

For respondent
Martin B. Carroll
Fox Swibel Levin & Carroll LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jul 18 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jul 10 2018
    Waiver of right of respondent Etihad Airways P.J.S.C. to respond filed.
  4. Jun 05 2018
    Petition for a writ of certiorari filed. (Response due July 23, 2018)