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Republic of Hungary, et al. v. Rosalie Simon, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 17-7146 · judgment December 28, 2018

Decided · February 3, 2021
Pre-decision estimate: 11% cert probability (95% interval 7%–17%)

Before the decision, about 2.6× 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 a dissent in the court below (flagged in the petition).

Questions presented

  1. May the district court abstain from exercising jurisdiction under the Foreign Sovereign Immunities Act for reasons of international comity, where former Hungarian nationals have sued the nation of Hungary to recover the value of property lost in Hungary during World War II, and where the plaintiffs made no attempt to exhaust local Hungarian remedies?

  2. In a forum non conveniens analysis, (a) is the district court required to defer to plaintiffs' choice of a U.S. forum where the case's sole connection to the United States is that some named plaintiffs (representing a putative worldwide class) became naturalized citizens after the time relevant to the complaint; and (b) is the district court permitted to defer to a foreign sovereign defendant's comity interest in hosting claims in its own courts, where plaintiffs allege the sovereign defendant harmed its own nationals on its own soil and plaintiffs have not exhausted local remedies? LIMITED TO QUESTION 1

Counsel of record

For petitioner
Gregory Silbert
Weil Gotshal & Manges LLP

For respondent
Paul G. Gaston
Suite 607

Case

Conference history
Distributed for 4 conferences

Amicus briefs
1 cert-stage · 12 merits
(3 supporting pet./neither, 9 respondent)

Argument & decision

Argued December 7, 2020 — Gregory Silbert · Sarah E. Harrington. Audio and transcript

Decided February 3, 2021. Opinion by Per Curiam.

Proceedings

  1. Mar 08 2021
    JUDGMENT ISSUED.
  2. Feb 03 2021
    Judgment VACATED and case REMANDED for further proceedings consistent with the decision in Federal Republic of Germany v. Philipp, 592 U.S. ____ (2021). Opinion per curiam.
  3. Dec 07 2020
    Argued. For petitioners: Gregory Silbert, New York, N. Y.; and Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Sarah E. Harrington, Bethesda, Md.
  4. Nov 23 2020
    Reply of petitioners Republic of Hungary, et al. filed. (Distributed)
  5. Nov 09 2020
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  6. Oct 29 2020
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  7. Oct 29 2020
    Brief amici curiae of Members of the United States House of Representatives filed (also in 19-351). VIDED. (Distributed)
  8. Oct 29 2020
    Brief amici curiae of Professor William S. Dodge and Professor Maggie Gardner filed (also in 19-351). VIDED. (Distributed)
  9. Oct 29 2020
    Brief amici curiae of The World Jewish Congress, Commission for Art Recovery, and Ambassador Ronald S. Lauder filed (also in 19-351) VIDED. (Distributed)
  10. Oct 29 2020
    Brief amici curiae of American Association of Jewish Lawyers and Jurists and other adovcates for Holocaust restitution filed. (Distributed)
  11. Oct 29 2020
    Brief amici curiae of Victims of the Hungarian Holocaust filed. (Distributed)
  12. Oct 29 2020
    Brief amici curiae of Raoul Wallenberg Centre for Human Rights and Professor Irwin Cotler filed. (Distributed)
  13. Oct 29 2020
    Brief amici curiae of Holocaust Survivors Foundation, USA, Inc., et al. (also in 19-351) filed. VIDED. (Distributed)
  14. Oct 29 2020
    Proposal of amici curiae the World Jewish Congress, Commission for Art Recovery, and Ambassador Ronald S. Lauder to lodge materials under Rule 32.3 filed.
  15. Oct 28 2020
    Brief amici curiae of The 1939 Society, et al. filed (also in 19-351). VIDED. (Distributed)
  16. Oct 27 2020
    CIRCULATED
  17. Oct 27 2020
    Brief amicus curiae of Former State Department Attorney Mark B. Feldman filed. (Distributed)
  18. Oct 22 2020
    Brief of respondents filed.
  19. Oct 19 2020
    Record received from the U.S.C.A. D.C. Circuit is electronic and located on PACER, some of the record has been electronically filed.
  20. Oct 08 2020
    Record requested from the U.S.C.A. District of Columbia Circuit.
  21. Sep 16 2020
    SET FOR ARGUMENT on Monday, December 7, 2020.
  22. Sep 11 2020
    Brief amicus curiae of United States filed.
  23. Sep 11 2020
    Brief amici curiae of Professors Samuel Estreicher And Thomas H. Lee in support of neither party filed (also in 19-351). VIDED
  24. Sep 11 2020
    Brief amicus curiae of Societe Nationale SNCF SA in support of neither party filed (also in 19-351). VIDED.
  25. Sep 11 2020
    Proposal of petitioners to lodge non-record materials pursuant to Sup. Ct. R. 32.3 filed.
  26. Sep 11 2020
    Motion of Davis R. Robinson, Abraham D. Sofaer, David P. Stewart, and Edwin Williamson to Consider Brief of Amici Curiae Filed By Movants in Germany v. Phillip, No. 19-351 as an Amici Curiae Brief in This Case filed by Davis R. Robinson, et al.
  27. Sep 04 2020
    Joint appendix filed. (Statement of costs filed)
  28. Sep 04 2020
    Brief of petitioners Republic of Hungary, et al. filed.
  29. Aug 04 2020
    Blanket Consent filed by Petitioner, Republic of Hungary, et al.
  30. Jul 30 2020
    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 4, 2020. The time to file respondents' brief on the merits is extended to and including October 22, 2020.
  31. Jul 30 2020
    Blanket Consent filed by Respondent, Simon, Rosalie, et al.
  32. Jul 28 2020
    Motion for an extension of time to file the briefs on the merits filed.
  33. Jul 02 2020
    Petition GRANTED limited to Question 1 presented by the petition.
  34. Jun 29 2020
    DISTRIBUTED for Conference of 7/1/2020.
  35. Jun 09 2020
    DISTRIBUTED for Conference of 6/25/2020.
  36. Jun 08 2020
    Supplemental brief of respondents Simon, Rosalie, et al. filed. (Distributed)
  37. Jun 08 2020
    Supplemental brief of petitioners Republic of Hungary, et al. filed. (Distributed)
  38. May 26 2020
    Brief amicus curiae of United States filed.
  39. Jan 21 2020
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  40. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  41. Sep 19 2019
    Rescheduled.
  42. Aug 07 2019
    DISTRIBUTED for Conference of 10/1/2019.
  43. Aug 06 2019
    Reply of petitioners Republic of Hungary, et al. filed.
  44. Jul 23 2019
    Brief of respondents Simon, Rosalie, et al. in opposition filed.
  45. Jun 07 2019
    Motion to extend the time to file a response is granted and the time is extended to and including July 23, 2019.
  46. Jun 03 2019
    Motion to extend the time to file a response from June 19, 2019 to July 23, 2019, submitted to The Clerk.
  47. May 16 2019
    Petition for a writ of certiorari filed. (Response due June 19, 2019)