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France.com, Inc. v. The French Republic, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-1016 · judgment March 25, 2021


Certiorari denied · December 13, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the United States Court of Appeals for the Fourth Circuit and other lower federal courts have misapplied this Court’s decision in OBB Personenverkeher v. Sachs, 577 U.S. 27, 34-35 (2015), as allowing courts to determine the gravamen of Foreign Sovereign Immunities Act “commercial activity” exception suits without analyzing distinct claims presented.

Counsel of record

For petitioner
Benjamin Stover Barlow
Dunlap Bennett & Ludwig PLLC

For respondent
John Michael Griem Jr.
Carter Ledyard Milburn LLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 13 2021
    Petition DENIED.
  2. Nov 23 2021
    DISTRIBUTED for Conference of 12/10/2021.
  3. Nov 22 2021
    Reply of petitioner France.Com, Inc. filed. (Distributed)
  4. Nov 09 2021
    Brief of respondents The French Republic, et al. in opposition filed.
  5. Sep 30 2021
    Motion to extend the time to file a response is granted in part and the time is extended to and including November 9, 2021.
  6. Sep 29 2021
    Motion to extend the time to file a response from October 25, 2021 to November 24, 2021, submitted to The Clerk.
  7. Sep 16 2021
    Petition for a writ of certiorari filed. (Response due October 25, 2021)