Supreme Court Report

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Oussama El Omari v. The International Criminal Police Organization, aka INTERPOL

Paid petition · United States Court of Appeals for the Second Circuit, No. 21-1458 · judgment May 24, 2022


Certiorari denied · October 3, 2022
Pre-decision estimate: 9% cert probability (95% interval 6%–13%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a petition filed soon after the judgment below, and a circuit split argued in the petition.

Question presented

I. Whether INTERPOL is entitled to immunity as a “public” international organization under 22 U.S.C. § 288 of the IOIA as interpreted by Jam v. Int’l Fin. Corp., 139 S.Ct. 759 (2019), when INTERPOL’s treaty ratification failed and its existence is merely due to its own “1956 Constitution” which has no roots in state action? II. Even assuming, arguendo, INTERPOL is an immune public international organization under the IOIA, whether INTERPOL waived immunity under § 288a(b) by INTERPOL’s 2008 Agreement with France, when INTERPOL initially agreed to arbitration and then later in 2016 abrogated that arbitration right?

Counsel of record

For petitioner
Scott Michael Moore
Moore International Law PLLC

For respondent
Ginger D. Anders
Munger, Tolles & Olson LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Aug 31 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Aug 23 2022
    Waiver of right of respondent International Criminal Police Organization, also known as INTERPOL to respond filed.
  4. Aug 03 2022
    Petition for a writ of certiorari filed. (Response due September 7, 2022)