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Oussama El Omari v. Ras Al Khaimah Free Trade Zone Authority, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-2901 · judgment August 23, 2018

Certiorari denied · February 19, 2019
Pre-decision estimate: 5% cert probability

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

Question presented

I. Whether the commercial activity exception to the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(2), applies to an otherwise immune foreign government instrumentality, when alleged acts involve breach of contract and participation with a foreign ruler’s fraudulent smear scheme, firing, and retaliation against a U.S. citizen employed by the instrumentality? II. Whether federal common law immunizes a foreign ruler alleged to have organized a fraudulent smear report by New York consultants against a U.S. citizen? III. Whether leave to amend the complaint should have been granted under Fed. R. Civ. P. 15(a)(2)?

Counsel of record

For petitioner
Scott Michael Moore
Moore International Law PLLC

For respondent
Linda Ceilia Goldstein
Dechert, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Jan 09 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Dec 20 2018
    Brief of respondents Ras Al Khiamah Free Trade Zone Authority, et al. in opposition filed.
  4. Dec 20 2018
    Corrected proof of service filed with respect to brief in opposition of respondents Ras Al Khiamah Free Trade Zone Authority, et al.
  5. Nov 16 2018
    Petition for a writ of certiorari filed. (Response due December 20, 2018)