Supreme Court of the United States · Official docket →
Winfred Wairimu Wamai, Individually and on Behalf of the Estate of Adam Titus Wamai, et al. v. Industrial Bank of Korea
Paid petition · United States Court of Appeals for the Second Circuit, No. 21-1956 · judgment March 8, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The questions presented are:
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Whether the choice of a U.S. forum by U.S.-resident plaintiffs is entitled to “less deference” under the doctrine of forum non conveniens, rather than the strong deference ordinarily provided to a U.S. resident’s choice of forum, when the U.S. plaintiffs are joined by foreign co-plaintiffs and all plaintiffs as judgment creditors seek to enforce their U.S. judgments obtained pursuant to the Foreign Sovereign Immunities Act.
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Whether the Constitution’s separation of powers principle requires a federal court, in applying the doctrine of forum non conveniens, to follow a strong presumption in favor of the choice of forum by plaintiffs who seek to enforce and satisfy their U.S. judgments pursuant to a statutory remedy expressly provided them by Congress in furtherance of its foreign affairs determinations and authorities.
Counsel of record
For petitioner
Steven Robert Perles
Perles Law Firm, PC
For respondent
Joseph Russell Palmore
Morrison & Foerster LLP
Proceedings
- Jan 08 2024Petition DENIED.
- Dec 20 2023DISTRIBUTED for Conference of 1/5/2024.
- Dec 20 2023Reply of petitioners Wamai, et al. filed. (Distributed)
- Dec 14 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Dec 11 2023Brief of respondent Industrial Bank of Korea in opposition filed.
- Nov 09 2023Brief amicus curiae of American Foreign Service Association filed.
- Oct 12 2023Motion to extend the time to file a response is granted and the time is extended to and including December 11, 2023.
- Oct 11 2023Motion to extend the time to file a response from November 9, 2023 to December 11, 2023, submitted to The Clerk.
- Oct 10 2023Response Requested. (Due November 9, 2023)
- Sep 27 2023DISTRIBUTED for Conference of 10/13/2023.
- Sep 26 2023Waiver of right of respondent Industrial Bank of Korea to respond filed.
- Sep 08 2023Petition for a writ of certiorari filed. (Response due October 12, 2023)
- Jun 01 2023Application (22A1041) granted by Justice Sotomayor extending the time to file until September 8, 2023.
- May 30 2023Application (22A1041) to extend the time to file a petition for a writ of certiorari from July 11, 2023 to September 8, 2023, submitted to Justice Sotomayor.