Supreme Court of the United States · Official docket →
Republic of Argentina v. Attestor Master Value Fund LP, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 22-2301, 22-2198, 22-2231, 22-2274, 22-2282, 22-2295, 22-2296, 22-2312, 22-2313, 22-2316, 22-2325, 22-2328, 22-2330, 22-2331, 22-2332, 23-516, 23-524, 23-528, 23-538, 23-539, 23-551, 23-552, 23-553, 23-554, 23-555, 23-556, 23-558,23-559,23-560,23-564 · judgment August 21, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
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Whether, when evaluating if property of a foreign sovereign is immune from execution under the Foreign Sovereign Immunities Act of 1976 (“FSIA”), courts should apply state law to determine the location of the property, as held by the Second and Ninth Circuits, or a uniform federal standard, as held by the Fifth Circuit?
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Whether property of a foreign sovereign was “used for commercial activity in the United States” as contemplated by Section 1610 of the FSIA if the property is only connected to a broader transaction that includes U.S. components?
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Whether property of a foreign sovereign is subject to execution under Section 1610 of the FSIA if the only commercial use in the United States is aberrational or hypothetical?
Counsel of record
For petitioner
Carmine D. Boccuzzi Jr.
Cleary Gottlieb Steen & Hamilton LLP
For respondent
John Franklin Bash
Quinn Emanuel Urquhart & Sullivan, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 27 2025Petition DENIED.
- Jan 08 2025DISTRIBUTED for Conference of 1/24/2025.
- Jan 06 2025Reply of petitioner Republic of Argentina filed. (Distributed)
- Dec 20 2024Brief of respondents Attestor Master Value Fund LP, et al. in opposition filed.
- Dec 11 2024Petition for a writ of certiorari filed. (Response due January 21, 2025)