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PDVSA U.S. Litigation Trust, et al. v. LUKOIL Pan Americas LLC, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-10675 · judgment March 13, 2023

Certiorari denied · October 30, 2023
Pre-decision estimate: 17% cert probability (95% interval 10%–26%)

Before the decision, about 4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and an Eleventh Circuit decision below, and down for a business respondent.

Questions presented

  1. Whether the application of the political question doctrine deprives a court of subject matter jurisdiction.

  2. Whether a lack of subject matter jurisdiction at the time of the district court’s decision can be cured at any time thereafter, including when the Executive Branch changes its position with regard to recognition of a foreign government.

Counsel of record

For petitioner
David Boies
Boies, Schiller & Flexner LLP

For respondent
Kristina Anne Bunting
Paul, Weiss, Rifkind, Wharton & Garrison LLP

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Order
Order list, October 30, 2023 · Certiorari denied

Proceedings

  1. Oct 30 2023
    Petition DENIED.
  2. Oct 23 2023
    Supplemental response filed by respondents LUKOIL Pan Americas LLC, et al. (Distributed)
    Main DocumentProof of ServiceOther
  3. Oct 20 2023
    Supplemental brief of petitioners PDVSA U.S. Litigation Trust, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Oct 11 2023
    DISTRIBUTED for Conference of 10/27/2023.
  5. Oct 05 2023
    Reply of petitioners PDVSA U.S. Litigation Trust, et al. filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  6. Sep 22 2023
    Brief of respondents LUKOIL Pan Americas LLC, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  7. Aug 11 2023
    Motion to extend the time to file a response is granted and the time is extended to and including September 22, 2023, for all respondents.
  8. Aug 09 2023
    Motion to extend the time to file a response from August 23, 2023 to September 22, 2023, submitted to The Clerk.
    Main DocumentProof of Service
  9. Jul 24 2023
    Response Requested. (Due August 23, 2023)
  10. Jul 19 2023
    DISTRIBUTED for Conference of 9/26/2023.
  11. Jul 12 2023
    Waiver of right of respondents to respond filed.
    Main Document
  12. Jun 12 2023
    Petition for a writ of certiorari filed. (Response due July 14, 2023)
    PetitionCertificate of Word CountProof of Service