Supreme Court of the United States · Official docket →
David Cassirer, et al. v. Thyssen-Bornemisza Collection Foundation
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-55616 · judgment August 17, 2020
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.
Question presented
The Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602–1611 (“FSIA”), provides that where a foreign nation is not immune from jurisdiction in the courts of the United States or of any State, it “shall be liable in the same manner and to the same extent as a private individual under like circumstances.” Id. § 1606. In four circuits, the courts of appeals have held that this statutory requirement of parity with private litigation means that a federal court hearing an FSIA case must apply the choice-of-law rules of the State in which it is sitting. But the Ninth Circuit has held—repeatedly and without meaningful analysis, including in the decision below—that choice of law in FSIA cases is determined by application of federal common law. The choice of law issue is critical in this case, in which the family of a Holocaust survivor seeks the return of a painting stolen by the Nazis. Under California law, a holder of stolen property (such as the Spanish state museum here) can never acquire good title, while under Spanish law, an adverse possession rule protects the museum’s title. The question presented is: Whether a federal court hearing state law claims brought under the FSIA must apply the forum state’s choice-of-law rules to determine what substantive law governs the claims at issue, or whether it may apply federal common law.
Counsel of record
For petitioner
David Boies
Boies, Schiller & Flexner LLP
For respondent
Sarah Erickson Andre
Nixon Peabody LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage · 6 merits
(6 supporting pet./neither)
Argument & decision
Argued January 18, 2022 — David Boies · Thaddeus J. Stauber. Audio and transcript
Decided April 21, 2022. Opinion by Kagan.
Proceedings
- Jan 13 2023Record returned to U.S.D.C.-Central District of California - 1 Box.
- May 23 2022Judgment Issued
- Apr 21 2022Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
- Jan 18 2022Argued. For petitioners: David Boies, Armonk, N. Y.; and Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Thaddeus J. Stauber, Los Angeles, Cal.
- Jan 07 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
- Jan 07 2022Reply of petitioners David Cassirer, et al. filed. (Distributed)
- Jan 06 2022The record received from the United States District Court Central District of California - 1 Box. Exhibits received has been electronically filed.
- Dec 20 2021Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
- Dec 15 2021Brief of respondent Thyssen-Bornemisza Collection Foundation filed. (Distributed)
- Dec 14 2021CIRCULATED
- Nov 22 2021Brief amicus curiae of United States filed.
- Nov 22 2021Brief amici curiae of Professors of Law filed.
- Nov 22 2021Brief amici curiae of Comunidad Judía de Madrid and Federación de Comunidades Judías de España filed.
- Nov 22 2021Brief amicus curiae of Mark B. Feldman filed.
- Nov 19 2021Brief amici curiae of B'nai B'rith International, et al. filed.
- Nov 18 2021Brief amici curiae of The 1939 Society, et al. filed.
- Nov 17 2021ARGUMENT SET FOR Tuesday, January 18, 2022.
- Nov 17 2021Record requested from the U.S.C.A. 9th Circuit.
- Nov 17 2021The record from the 9th Circuit is electronic and located on Pacer.
- Nov 15 2021Brief of petitioners David Cassirer, et al filed.
- Nov 15 2021Joint appendix filed (statement of cost received).
- Oct 21 2021Blanket Consent filed by Petitioner, David Cassirer, et al.
- Oct 21 2021Blanket Consent filed by Respondent, Thyssen-Bornemisza Collection Foundation
- Oct 19 2021Joint motion to extend the time to file the briefs on the merits denied.
- Oct 14 2021Joint motion for an extension of time to file the briefs on the merits filed.
- Sep 30 2021Petition GRANTED.
- Aug 18 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 17 2021Reply of petitioners David Cassirer, et al. filed. (Distributed)
- Jul 29 2021Brief of respondent Thyssen-Bornemisza Collection Foundation in opposition filed.
- Jun 03 2021Motion to extend the time to file a response is granted and the time is extended to and including July 30, 2021.
- Jun 02 2021Motion to extend the time to file a response from June 23, 2021 to July 30, 2021, submitted to The Clerk.
- May 24 2021Response Requested. (Due June 23, 2021)
- May 24 2021Brief amici curiae of 14 Professors of Law filed.
- May 18 2021DISTRIBUTED for Conference of 6/3/2021.
- May 14 2021Waiver of right of respondent Thyssen-Bornemisza Collection Foundation to respond filed.
- May 06 2021Petition for a writ of certiorari filed. (Response due June 10, 2021)