Supreme Court of the United States · Official docket →
Alexander Alimanestianu, et al. v. United States
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1667 · judgment May 7, 2018
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 Federal Circuit decision below.
Question presented
Horne v. Dep’t of Agriculture, 135 S. Ct. 2419 (2015), holds that the Fifth Amendment imposes a categorical duty upon the government to pay just compensation when it uses its power of eminent domain to take title to “private property.” The government took possession of petitioners’ private property—a judgment against Libya and the underlying entitlement to monetary relief—and then “settled” the claims and judgment as part of an agreement with Libya. The Federal Circuit declined to follow Horne’s categorical rule and, in denying just compensation, analyzed the taking as a regulatory impairment under Penn Central Transp. Co. v. City of N.Y., 438 U.S. 104 (1978). The Question presented is: Can the United States seize, use, and compromise the claims and judgments of its citizens against a foreign state—a practice in international law known as “espousal”—while avoiding the Fifth Amendment’s “categorical” requirement of just compensation?
Counsel of record
For petitioner
Richard Niles Chassin
Becker, Glynn, Muffly, Chassin & Hosinski LLP
For respondent
Noel John Francisco
Jones Day
Proceedings
- Feb 19 2019Petition DENIED.
- Jan 23 2019DISTRIBUTED for Conference of 2/15/2019.
- Jan 22 2019Reply of petitioners Alexander Alimanestianu, et al. filed.
- Jan 04 2019Brief of respondent United States in opposition filed.
- Nov 30 2018Motion to extend the time to file a response is granted and the time is further extended to and including January 4, 2019.
- Nov 29 2018Motion to extend the time to file a response from November 30, 2018 to January 4, 2019, submitted to The Clerk.
- Nov 06 2018Motion to extend the time to file a response is granted and the time is further extended to and including November 30, 2018.
- Nov 05 2018Motion to extend the time to file a response from November 8, 2018 to November 30, 2018, submitted to The Clerk.
- Oct 04 2018Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2018.
- Oct 03 2018Motion to extend the time to file a response from October 9, 2018 to November 8, 2018, submitted to The Clerk.
- Sep 04 2018Petition for a writ of certiorari filed. (Response due October 9, 2018)
- Jul 31 2018Application (18A110) granted by The Chief Justice extending the time to file until September 5, 2018.
- Jul 25 2018Application (18A110) to extend the time to file a petition for a writ of certiorari from August 5, 2018 to September 5, 2018, submitted to The Chief Justice.