Supreme Court Report

Supreme Court of the United States · Official docket →

Federal Republic of Germany, et al. v. Alan Philipp, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 17-7064, 17-7117 · judgment July 10, 2018

Decided · February 3, 2021
Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 1.8× 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. Whether the "expropriation exception" of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(3), which abrogates foreign sovereign immunity when "rights in property taken in violation of international law are in issue," provides jurisdiction over claims that a foreign sovereign has violated international human-rights law when taking property from its own national within its own borders, even though such claims do not implicate the established international law governing states' responsibility for takings of property.

  2. Whether the doctrine of international comity is unavailable in cases against foreign sovereigns, even in cases of considerable historical and political significance to the foreign sovereign, and even where the foreign nation has a domestic framework for addressing the claims.

Counsel of record

For petitioner
Jonathan M. Freiman
Wiggin & Dana LLP

For respondent
Nicholas Michael O'Donnell
Sullivan & Worcester LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage · 16 merits
(7 supporting pet./neither, 9 respondent)

Argument & decision

Argued December 7, 2020 — Jonathan M. Freiman · Nicholas M. O'Donnell. Audio and transcript

Decided February 3, 2021. Opinion by Roberts, C.J..

Proceedings

  1. Mar 08 2021
    JUDGMENT ISSUED.
  2. Feb 03 2021
    Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court.
  3. Dec 07 2020
    Argued. For petitioners: Jonathan M. Freiman, New Haven, Conn.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Nicholas M. O'Donnell, Boston, Mass.
  4. Nov 23 2020
    Reply of petitioners Federal Republic of Germany, 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 18-1447). VIDED. (Distributed)
  8. Oct 29 2020
    Brief amici curiae of Professor William S. Dodge and Professor Maggie Gardner filed (also in 18-1447). 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 18-1447). VIDED. (Distributed)
  10. Oct 29 2020
    Brief amici curiae of American Association of Jewish Lawyers and Jurists and other advocates for Holocaust restitution filed. (Distributed)
  11. Oct 29 2020
    Brief amici curiae of Holocaust Survivors Foundation, USA, Inc., et al. (also in 19-351) filed. VIDED. (Distributed)
  12. Oct 29 2020
    Brief amicus curiae of Peter Toren filed. (Distributed)
  13. 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.
  14. Oct 28 2020
    Brief amici curiae of The 1939 Society, et al. filed (also in 18-1447) filed. VIDED. (Distributed)
  15. Oct 28 2020
    Brief amicus curiae of The Holocaust Art Restitution Project, Inc. filed. (Distributed)
  16. Oct 27 2020
    CIRCULATED
  17. Oct 27 2020
    Brief amici curiae of Florida Holocaust Museum, et al. filed. (Distributed)
  18. Oct 22 2020
    Brief of respondents Alan Philipp, et al. filed. (Distributed)
  19. Oct 22 2020
    Proposal of Respondents to lodge materials under Rule 32.3 filed.
  20. Oct 19 2020
    Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA), et al. filed.
  21. Oct 19 2020
    Record received from the U.S.C.A. D.C. Circuit is electronic and located on PACER.
  22. Oct 08 2020
    Record requested from the U.S.C.A. District of Columbia Circuit.
  23. Sep 16 2020
    SET FOR ARGUMENT on Monday, December 7, 2020.
  24. Sep 11 2020
    Brief amicus curiae of United States filed.
  25. Sep 11 2020
    Brief amici curiae of Professors Samuel Estreicher and Thomas H. Lee in support of neither party filed (also in 18-1447). VIDED.
  26. Sep 11 2020
    Brief amicus curiae of Societe Nationale SNCF SA in support of neither party filed (also in 18-1447). VIDED
  27. Sep 11 2020
    Brief amici curiae of Holocaust and Nuremberg Historians in support of neither part filed.
  28. Sep 10 2020
    Brief amici curiae of Davis R. Robinson, et al. in support of neither party filed.
  29. Sep 10 2020
    Brief amici curiae of Foreign International Law Scholars and Jurists filed.
  30. Sep 04 2020
    Joint appendix filed. (Statement of costs filed)
  31. Sep 04 2020
    Brief of petitioners Federal Republic of Germany, et al. filed.
  32. Sep 04 2020
    Proposal of petitioners to lodge materials under Rule 32.3 filed.
  33. Jul 31 2020
    Blanket Consent filed by Respondent, Alan Philipp, et al.
  34. Jul 31 2020
    Blanket Consent filed by Petitioner, Federal Republic of Germany, et al.
  35. 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.
  36. Jul 29 2020
    Motion for an extension of time to file the briefs on the merits filed.
  37. Jul 02 2020
    Petition GRANTED.
  38. Jun 29 2020
    DISTRIBUTED for Conference of 7/1/2020.
  39. Jun 09 2020
    DISTRIBUTED for Conference of 6/25/2020.
  40. Jun 08 2020
    Supplemental brief of respondents Alan Philipp, et al. filed. VIDED. (Distributed)
  41. May 26 2020
    Brief amicus curiae of United States filed. VIDED.
  42. Jan 21 2020
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  43. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  44. Dec 27 2019
    Reply of petitioners Federal Republic of Germany, et al. filed. (Distributed)
  45. Oct 17 2019
    Brief of respondents Alan Philipp, et al. in opposition filed.
  46. Sep 16 2019
    Petition for a writ of certiorari filed. (Response due October 18, 2019)
  47. Jul 30 2019
    Application (19A118) denied by The Chief Justice. The application is denied without prejudice to petitioners filing a new application after seeking relief in the district court.
  48. Jul 26 2019
    Application (19A118) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
    Main Document