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NSO Group Technologies Limited, et al. v. WhatsApp Inc., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-16408 · judgment November 8, 2021

Certiorari denied · January 9, 2023
Pre-decision estimate: 6% cert probability (95% interval 3%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a business petitioner, and down for a business respondent.

Question presented

Whether the Foreign Sovereign Immunities Act entirely displaces common-law immunity for entities, such that private entities that act as agents for foreign governments may never under any circumstances seek common-law immunity in U.S. courts.

Counsel of record

For petitioner
Jeffrey S. Bucholtz
King & Spalding LLP

For respondent
Michael R. Dreeben
O’Melveny & Myers LLP

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Orders
Order list, June 6, 2022
Order list, January 9, 2023 · Certiorari denied

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Dec 07 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Dec 07 2022
    Supplemental brief of respondent WhatsApp LLC and Meta Platforms, Inc. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Dec 02 2022
    Supplemental brief of petitioners NSO Group Technologies Limited, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Nov 21 2022
    Brief amicus curiae of United States filed.
    Main DocumentProof of Service
  6. Jun 06 2022
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  7. May 17 2022
    DISTRIBUTED for Conference of 6/2/2022.
  8. May 16 2022
    Reply of petitioners NSO Group Technologies Limited, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  9. May 03 2022
    Brief of respondents WhatsApp LLC and Meta Platforms, Inc. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  10. Apr 06 2022
    Petition for a writ of certiorari filed. (Response due May 9, 2022)
    PetitionAppendixCertificate of Word CountProof of Service