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Alexander Khochinsky v. Republic of Poland

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-7160 · judgment June 18, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Question presented

Whether a foreign state that seeks to resolve title to moveable personal property because it is owned by an individual of a particular religion or ethnicity by targeting him for a concededly bad-faith extradition is nonetheless immune from suit under the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. §§ 1602-1611 (the “FSIA”).

Counsel of record

For petitioner
Nicholas Michael O'Donnell
Sullivan & Worcester LLP

For respondent
David R. Fine
K & L Gates LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 08 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 01 2021
    Waiver of right of respondent Republic of Poland, A Foreign State to respond filed.
  4. Nov 05 2021
    Petition for a writ of certiorari filed. (Response due December 9, 2021)