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Argentine Republic v. Petersen Energia Inversora S.A.U., et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 16-3303, 16-3304 · judgment July 10, 2018

Certiorari denied · June 24, 2019
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a Second Circuit decision below, and down for a petition filed soon after the judgment below.

Question presented

Whether the “commercial activity” exception to sovereign immunity in the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(2), is inapplicable to suits challenging conduct inextricably intertwined with a sovereign act of expropriation.

Counsel of record

For petitioner
Maura Barry Grinalds
Skadden, Aprs, Slate, Meagher & Flom LLP

For respondent
Michael K. Kellogg
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
4 cert-stage

Related
Vide, 18-575

Orders
Order list, January 7, 2019
Order list, June 24, 2019 · Certiorari denied

Proceedings

  1. Jun 24 2019
    Petition DENIED.
  2. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  3. Jun 03 2019
    Supplemental brief of petitioner Argentine Republic filed.
  4. May 21 2019
    Brief amicus curiae of United States of America filed. VIDED.
  5. Jan 07 2019
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  6. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  7. Dec 18 2018
    Reply of petitioner Argentine Republic filed.
  8. Dec 05 2018
    Brief of respondents Petersen Energía Inversora, S.A.U., et al. in opposition filed. VIDED.
  9. Dec 03 2018
    Brief amicus curiae of The Republic of Chile filed. VIDED.
  10. Dec 03 2018
    Brief amicus curiae of Government of the United Mexican States filed. VIDED.
  11. Dec 03 2018
    Brief amici curiae of Professors at Law and Business Schools filed. VIDED.
  12. Nov 27 2018
    Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2018.
  13. Nov 26 2018
    Motion to extend the time to file a response from December 3, 2018 to December 17, 2018, submitted to The Clerk.
  14. Oct 31 2018
    Petition for a writ of certiorari filed. (Response due December 3, 2018)