Supreme Court Report

Supreme Court of the United States · Official docket →

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

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

Certiorari denied · July 2, 2020
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).

Question presented

i ISSUE PRESENTED FOR REVIEW Is the Federal Republic of Germany (“Germany”), a foreign state, subject to jurisdiction under the expropriation exception of the Foreign Sovereign Immunities Act of 1976 (28 U.S.C. § 1605(a)(3)) for claims to property that was taken in violation of international law because Germany’s instrumentality (and possessor of the property at issue) Stiftung Preussischer Kulturbesitz (“SPK”) is engaged in commercial activity in the United States?

Counsel of record

For petitioner
Nicholas Michael O'Donnell
Sullivan & Worcester LLP

For respondent
Jonathan M. Freiman
Wiggin & Dana LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Jul 02 2020
    Petition DENIED.
  2. Jun 29 2020
    DISTRIBUTED for Conference of 7/1/2020.
  3. Jun 09 2020
    DISTRIBUTED for Conference of 6/25/2020.
  4. Jun 08 2020
    Supplemental brief of petitioners Alan Philipp, et al. filed. VIDED. (Distributed)
  5. May 26 2020
    Brief amicus curiae of United States filed. VIDED.
  6. Jan 21 2020
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  7. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  8. Dec 30 2019
    Reply of petitioners Alan Philipp, et al. filed. (Distributed)
  9. Dec 13 2019
    Brief of respondents Germany, et al. in opposition filed.
  10. Nov 01 2019
    Motion to extend the time to file a response is granted and the time is extended to and including December 13, 2019.
  11. Oct 30 2019
    Motion to extend the time to file a response from November 21, 2019 to December 13, 2019, submitted to The Clerk.
  12. Oct 18 2019
    Petition for a writ of certiorari filed. (Response due November 21, 2019)