Supreme Court of the United States · Official docket →
Enron Nigeria Power Holding, Limited v. United States, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-20471 · judgment September 13, 2021
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below and a circuit split argued in the petition.
Questions presented
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Whether a foreign state that makes a legal claim to a yacht, participates extensively in the sale of the yacht, and stands to benefit financially from that sale has engaged in “commercial activity” within the meaning of the Foreign Sovereign Immunities Act (“FSIA”).
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Whether a foreign state claiming immunity under the FSIA or its adversary bears the ultimate burden of proof on the question of immunity.
Counsel of record
For petitioner
Philip N. Elbert
Neal & Harwell, PLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, March 28, 2022 · Certiorari denied
Proceedings
- Mar 28 2022Petition DENIED.
- Mar 09 2022DISTRIBUTED for Conference of 3/25/2022.
- Feb 28 2022Waiver of right of respondent United States, et al. to respond filed.
- Feb 17 2022Waiver of right of respondent Federal Republic of Nigeria to respond filed.
- Feb 08 2022Petition for a writ of certiorari filed. (Response due March 14, 2022)