Supreme Court of the United States · Official docket →
Budha Jam, et al. v. International Finance Corporation
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 20-7092, 20-7097 · judgment July 6, 2021
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a D.C. Circuit decision below, and down for a business respondent.
Questions presented
The Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-11, governs whether foreign sovereigns and international organizations are subject to suit in U.S. court. As relevant here, a covered entity is subject to suit under the Act for any claim “based upon” commercial activity the entity carried on in the United States or where the entity waives immunity. Id. § 1605. The questions presented are:
-
Whether the commercial activity exception to immunity allows suit where the alleged acts of the defendant that give rise to its liability constitute commercial activity carried on in the United States, regardless of whether another party’s conduct more directly caused the injury.
-
Whether a treaty provision stating that “[a]ctions may be brought against the [international organization]” waives the organization’s immunity.
Counsel of record
For petitioner
Jeffrey L. Fisher
Stanford Law - Supreme Court Litigation Clinic
For respondent
Jeffrey T. Green
Sidley Austin
Proceedings
- Apr 25 2022Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
- Apr 06 2022DISTRIBUTED for Conference of 4/22/2022.
- Mar 30 2022Reply of petitioners Budha Jam, et al. filed.
- Mar 16 2022Brief of respondent International Finance Corporation in opposition filed.
- Feb 14 2022Brief amici curiae of International Law Scholars filed.
- Feb 14 2022Brief amicus curiae of Center for International Environmental Law filed.
- Feb 14 2022Brief amici curiae of Former United States Diplomats and International Development Practitioners filed.
- Feb 07 2022Motion to extend the time to file a response is granted and the time is extended to and including March 16, 2022.
- Feb 04 2022Motion to extend the time to file a response from February 14, 2022 to March 16, 2022, submitted to The Clerk.
- Jan 19 2022Blanket Consent filed by Petitioner, Budha Jam, et al.
- Jan 10 2022Petition for a writ of certiorari filed. (Response due February 14, 2022)
- Dec 20 2021Application (21A124) granted by The Chief Justice extending the time to file until January 10, 2022.
- Dec 16 2021Application (21A124) to extend further the time from December 27, 2021 to January 10, 2022, submitted to The Chief Justice.
- Nov 03 2021Application (21A124) granted by The Chief Justice extending the time to file until December 27, 2021.
- Nov 01 2021Application (21A124) to extend the time to file a petition for a writ of certiorari from November 11, 2021 to December 27, 2021, submitted to The Chief Justice.