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Moses Strauss, et al. v. Credit Lyonnais, S.A.

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-865, 19-1285 · judgment April 7, 2021


Certiorari denied · June 27, 2022
Pre-decision estimate: 9% cert probability (95% interval 6%–13%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a dissent in the court below (flagged in the petition).

Question presented

The question presented is: Whether a person who knowingly transfers substantial funds to a designated foreign terrorist organization aids and abets that organization’s terrorist acts for purposes of civil liability under the Justice Against Sponsors of Terrorism Act, 18 U.S.C. § 2333(d)(2). The same question is presented by a parallel petition in Weiss v. National Westminster Bank PLC, also filed today. Petitioners here recommend that this Court consider the two petitions together, grant the petition in Weiss, hold this case pending the outcome of that one, and then vacate and remand as appropriate.

Counsel of record

For petitioner
Thomas C. Goldstein
Goldstein & Russell, P.C.

For respondent
Jonathan I. Blackman
Cleary, Gottlieb et. al.

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Jun 27 2022
    Petition DENIED.
  2. Jun 07 2022
    DISTRIBUTED for Conference of 6/23/2022.
  3. Jun 07 2022
    Supplemental brief of petitioners Moses Strauss, et al. filed. VIDED. (Distributed)
  4. May 24 2022
    Brief amicus curiae of United States filed. VIDED.
  5. Jan 10 2022
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  6. Dec 01 2021
    DISTRIBUTED for Conference of 1/7/2022.
  7. Nov 30 2021
    Reply of petitioners Moses Strauss, et al. filed. (Distributed)
  8. Nov 12 2021
    Brief of respondent Credit Lyonnais, S.A. in opposition filed.
  9. Sep 15 2021
    Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2021.
  10. Sep 14 2021
    Motion to extend the time to file a response from October 12, 2021 to November 12, 2021, submitted to The Clerk.
  11. Sep 03 2021
    Petition for a writ of certiorari filed. (Response due October 12, 2021)