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Estate of Esther Klieman, By and Through Its Administrator, Aaron Kesner, et al. v. Palestinian Authority, aka Palestinian Interim Self-Government Authority, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 15-7034 · judgment May 14, 2019
Before the decision, about 3.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a D.C. Circuit decision below, and counsel who has filed here before.
Questions presented
The questions presented are:
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Whether the PA-PLO has the right to raise a Due Process defense under the Fifth Amendment—a defense the Court has ruled unavailable to U.S. state sovereigns and many courts have ruled unavailable to foreign sovereigns—while simultaneously asserting its status as a foreign sovereign in a case against the United States at the International Court of Justice, which handicaps Congress’s constitutional powers;
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Whether a court can override Congress’s intent to subject the PA-PLO under the AntiTerrorism Act to civil litigation in U.S. courts, despite Congress’s constitutional authority to amend the jurisdiction of federal courts and protect Americans from acts of PA-PLO terrorism;
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Whether the Fifth Amendment Amendment’s Due Process Clause, which allows criminal prosecution of a terrorist who murders a U.S. citizen, as well any person or entity that supported the crime, would nonetheless bar a lawsuit by the victim’s family to impose civil liability on the same actors under the same U.S. Code section;
Counsel of record
For petitioner
Steven Robert Perles
Perles Law Firm, PC
For respondent
Gassan Adnan Baloul
Squire Patton Boggs (US) LLP
Proceedings
- May 29 2020JUDGMENT ISSUED.
- Apr 27 2020Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the Promoting Security and Justice for Victims of Terrorism Act of 2019, Pub. L. No. 116–94, div. J, tit. IX, § 903, 133 Stat. 3082. Justice Kavanaugh took no part in the consideration or decision of this petition.
- Apr 22 2020Supplemental brief of respondents Palestinian Authority, et al. filed. (Distributed)
- Apr 20 2020Supplemental brief of petitioners Estate of Esther Klieman, by and through it's Administrator, Aaron Kesner, et al. filed. (Distributed)
- Apr 08 2020DISTRIBUTED for Conference of 4/24/2020.
- Apr 03 2020Reply of petitioners Estate of Esther Klieman, by and through it's Administrator, Aaron Kesner, et al. filed.
- Mar 26 2020Motion to delay distribution of the petition for a writ certiorari until April 8, 2020, granted.
- Mar 25 2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 1, 2020 to April 8, 2020, submitted to The Clerk.
- Mar 13 2020Brief of respondents Palestinian Authority, et al. in opposition filed.
- Jan 31 2020Supplemental brief of petitioners Estate of Esther Klieman, by and through its Administrator, Aaron Kesner, et al. filed.
- Dec 20 2019Motion to extend the time to file a response from January 10, 2020 to March 13, 2020, submitted to The Clerk.
- Dec 20 2019Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2020.
- Dec 05 2019Petition for a writ of certiorari filed. (Response due January 10, 2020)
- Sep 16 2019Application (19A296) granted by The Chief Justice extending the time to file until December 5, 2019.
- Sep 11 2019Application (19A296) to extend the time to file a petition for a writ of certiorari from October 6, 2019 to December 5, 2019, submitted to The Chief Justice.