Supreme Court of the United States · Official docket →
Republic of Hungary, et al. v. Rosalie Simon, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-7010, 22-7013, 22-7112 · judgment August 8, 2023
Before the decision, about 1.8× 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 a dissent in the court below (flagged in the petition).
Question presented
A foreign sovereign is generally immune from suit in domestic courts, subject to the specific exceptions of the Foreign Sovereign Immunities Act. Under the expropriation exception, claims involving rights in property taken in violation of international law may be heard if "property or any property exchanged for such property" has a commercial nexus with the United States. 28 U.S.C. § 1605(a)(3). Specifically, the property or its proceeds must be either "present in the United States in connection with a commercial activity" or "owned or operated by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States." Id. The circuit courts have split as to the showing required to meet the commercial nexus requirement. The Questions Presented are:
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Whether historical commingling of assets suffices to establish that proceeds of seized property have a commercial nexus with the United States under the expropriation exception to the Foreign Sovereign Immunities Act.
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Whether a plaintiff must make out a valid claim that an exception to the Foreign Sovereign Immunities Act applies at the pleading stage, rather than merely raising a plausible inference.
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Whether a sovereign defendant bears the burden of producing evidence to affirmatively disprove that the proceeds of property taken in violation of international law have a commercial nexus with the United States under the expropriation exception to the Foreign Sovereign Immunities Act.
Counsel of record
For petitioner
Joshua Scott Glasgow
Phillips Lytle LLP
For respondent
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
4 merits
(2 supporting pet./neither, 2 respondent)
Argument & decision
Argued December 3, 2024 — Joshua S. Glasgow · Shay Dvoretzky. Audio and transcript
Decided February 21, 2025. Opinion by Sotomayor.
Proceedings
- Mar 25 2025Judgment Issued.
- Feb 21 2025Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
- Dec 03 2024Argued. For petitioners: Joshua S. Glasgow, Buffalo, N. Y.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Shay Dvoretzky, Washington, D. C.
- Nov 11 2024Reply of petitioners Republic of Hungary, et al. filed. (Distributed)
- Nov 04 2024Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
- Nov 04 2024Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Oct 22 2024Record requested from the United States Court of Appeals for the District of Columbia Circuit.
- Oct 22 2024CIRCULATED
- Oct 18 2024SET FOR ARGUMENT on Tuesday, December 3, 2024.
- Oct 18 2024Brief amici curiae of Members of the United States House of Representatives and Senate filed. (Distributed)
- Oct 18 2024Brief amici curiae of The 1939 Society, et al. filed. (Distributed)
- Oct 17 2024Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Oct 11 2024Brief of respondents Rosalie Simon, et al. filed.
- Sep 03 2024Brief amicus curiae of United States filed.
- Sep 03 2024Brief amicus curiae of the Federal Republic of Germany filed.
- Aug 26 2024Brief of petitioner Republic of Hungary and Magyar Allamvasutak Zrt filed.
- Aug 26 2024Joint appendix filed. (Statement of costs filed)
- Jul 15 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 26, 2024. The time to file respondents' brief on the merits is extended to and including October 11, 2024.
- Jul 11 2024Motion for an extension of time to file the briefs on the merits filed.
- Jun 24 2024Petition GRANTED.
- Jun 17 2024DISTRIBUTED for Conference of 6/20/2024.
- May 28 2024DISTRIBUTED for Conference of 6/13/2024.
- May 24 2024Reply of petitioners Republic of Hungary, et al. filed. (Distributed)
- May 14 2024Brief of respondents Rosalie Simon, et al. filed.
- Apr 19 2024Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2024, for all respondents.
- Apr 18 2024Motion to extend the time to file a response from April 24, 2024 to May 21, 2024, submitted to The Clerk.
- Mar 25 2024Response Requested. (Due April 24, 2024)
- Mar 20 2024DISTRIBUTED for Conference of 4/12/2024.
- Mar 13 2024Waiver of right of respondent Rosalie Simon, et al. to respond filed.
- Feb 07 2024Petition for a writ of certiorari filed. (Response due March 13, 2024)
- Jan 04 2024Application (23A592) granted by The Chief Justice extending the time to file until February 9, 2024.
- Dec 21 2023Application (23A592) to extend the time to file a petition for a writ of certiorari from January 10, 2024 to February 9, 2024, submitted to The Chief Justice.