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Republic of Sudan, et al. v. James Owens, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 14-5105 · judgment May 21, 2019


Certiorari denied · January 13, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above 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 counsel who has filed here before.

Question presented

Whether the D.C. Circuit applied an unconstitutional rule of substantive liability created by the D.C. Court of Appeals — the highest local court of the District of Columbia — specially targeting foreign sovereigns that lack immunity under the terrorism exception to sovereign immunity, 28 U.S.C. § 1605A(a). Whether the D.C. Circuit’s decision retroactively applying the new special liability rule of the D.C. Court of Appeals conflicts with this Court’s precedents in Chevron Oil Co. v. Huson, 404 U.S. 97 (1971), and Landgraf v. USI Film Products, 511 U.S. 244 (1994).

Counsel of record

For petitioner
Christopher M. Curran
White & Case LLP

For respondent
Matthew Dempsey McGill
King & Spalding LLP

Case

Conference history
Distributed for 1 conference

Linked docket
19A223

Proceedings

  1. Jan 13 2020
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Dec 23 2019
    DISTRIBUTED for Conference of 1/10/2020.
  3. Dec 20 2019
    Reply of petitioners Republic of Sudan, et al. filed.
  4. Dec 06 2019
    Brief of respondents James Owens, et al. in opposition filed.
  5. Nov 15 2019
    Petition for a writ of certiorari filed. (Response due December 18, 2019)
  6. Aug 26 2019
    Application (19A223) granted by The Chief Justice extending the time to file until November 15, 2019.
  7. Aug 23 2019
    Application (19A223) to extend the time to file a petition for a writ of certiorari from September 16, 2019 to November 15, 2019, submitted to The Chief Justice.