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Turkiye Halk Bankasi A.S., aka Halkbank v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-3499 · judgment October 22, 2021


Decided · April 19, 2023
Pre-decision estimate: 10% cert probability (95% interval 7%–15%)

Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether U.S. district courts may exercise subject-matter jurisdiction over criminal prosecutions against foreign sovereigns and their instrumentalities under 18 U.S.C. § 3231 and in light of the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1330, 1441(d), 1602-1611.

Counsel of record

For petitioner
Lisa S. Blatt
Williams & Connolly LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage · 8 merits
(6 supporting pet./neither, 2 respondent)

Argument & decision

Argued January 17, 2023 — Lisa S. Blatt · Eric J. Feigin. Audio and transcript

Decided April 19, 2023. Opinion by Kavanaugh.

Proceedings

  1. May 22 2023
    Judgment issued.
  2. Apr 26 2023
    Record returned to the U.S.D.C.-Southern District of New York (1 box of sealed materials).
  3. Apr 19 2023
    Adjudged to be AFFIRMED IN PART, VACATED, and case REMANDED IN PART. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in part and dissenting in part, in which Alito, J., joined.
  4. Jan 17 2023
    Argued. For petitioner: Lisa S. Blatt, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C
  5. Jan 06 2023
    Reply of petitioner Turkiye Halk Bankasi A.S. filed. (Distributed)
  6. Dec 22 2022
    Record received from the U.S.D.C.-Southern District of New York (1 box of sealed materials).
  7. Dec 21 2022
    Brief amici curiae of Mark B. Feldman, Esq., et al. filed. (Distributed)
  8. Dec 21 2022
    Brief amicus curiae of United Against Nuclear Iran filed. (Distributed)
  9. Dec 14 2022
    Brief of respondent United States filed. (Distributed)
  10. Dec 07 2022
    CIRCULATED
  11. Nov 21 2022
    Brief amici curiae of The Turkish Red Crescent, et al. filed.
  12. Nov 21 2022
    Brief amicus curiae of Roger O'Keefe filed.
  13. Nov 21 2022
    Brief amici curiae of Republic of Azerbaijan, et al. filed.
  14. Nov 21 2022
    Brief amici curiae of Professors Ingrid (Wuerth) Brunk and William S. Dodge in support of neither party filed.
  15. Nov 21 2022
    Brief amicus curiae of Republic of Türkiye filed.
  16. Nov 21 2022
    Brief amicus curiae of Lord Daniel Brennan KC filed.
  17. Nov 16 2022
    Record requested from the U.S.C.A. 2nd Circuit.
  18. Nov 16 2022
    Record received from the U.S.C.A. 2nd Circuit. The record was received electronically.
  19. Nov 14 2022
    Brief of petitioner Turkiye Halk Bankasi A.S. filed.
  20. Nov 14 2022
    Joint appendix filed. (Statement of costs filed)
  21. Nov 10 2022
    SET FOR ARGUMENT on Tuesday, January 17, 2023.
  22. Oct 03 2022
    Petition GRANTED.
  23. Aug 03 2022
    DISTRIBUTED for Conference of 9/28/2022.
  24. Aug 02 2022
    Reply of petitioner Turkiye Halk Bankasi A.S. filed. (Distributed)
  25. Jul 18 2022
    Brief of respondent United States in opposition filed.
  26. Jun 16 2022
    Brief amici curiae of Republic of Azerbaijan and Islamic Republic of Pakistan filed.
  27. Jun 09 2022
    Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2022.
  28. Jun 07 2022
    Motion to extend the time to file a response from June 16, 2022 to July 18, 2022, submitted to The Clerk.
  29. May 13 2022
    Petition for a writ of certiorari filed. (Response due June 16, 2022)
  30. Jan 31 2022
    Application (21A373) granted by Justice Sotomayor extending the time to file until May 13, 2022.
  31. Jan 25 2022
    Application (21A373) to extend the time to file a petition for a writ of certiorari from March 15, 2022 to May 13, 2022, submitted to Justice Sotomayor.