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Republic of Korea's Defense Acquisition Program Administration, et al. v. BAE Systems Solution & Services, Inc.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-1041 · judgment March 27, 2018

Certiorari denied · October 1, 2018
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Fourth Circuit decision below, and down for a business respondent.

Questions presented

  1. Whether the court of appeals’ blanket invalidation of contracts between United States contractors and foreign governments that relate to contemplated Foreign Military Sales transactions jeopardizes national security interests and the policies underlying the Arms Export Control Act.

  2. Whether a foreign sovereign implicitly waives sovereign immunity when it explicitly invokes the Foreign Sovereign Immunities Act in an amended answer filed as a matter of course under Federal Rule of Civil Procedure 15(a)(1).

Counsel of record

For petitioner
Lisa Hertzer Schertler
Schertler & Onorato, LLP

For respondent
Gregory Michael Williams
Wiley Rein, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Aug 15 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Aug 13 2018
    Reply of petitioner Republic of Korea's Defense Acquisition Program Administration; Republic of Korea filed.
  4. Aug 01 2018
    Brief of respondent BAE Systems Technology Solution & Services, Inc. in opposition filed.
  5. Jun 29 2018
    Petition for a writ of certiorari filed. (Response due August 2, 2018)