Supreme Court of the United States · Official docket →
Wye Oak Technology, Inc. v. Republic of Iraq, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-7009, 23-7013 · judgment July 16, 2024
Before the decision, about 2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a business petitioner.
Questions presented
This case concerns the correct interpretation of two clauses of the Foreign Sovereign Immunities Act (FSIA) that have resulted in two circuit splits. The latter two clauses of the FSIA’s commercial-activity provision authorize suits against foreign sovereigns that are based “[2] upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere; or [3] upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States.” The questions presented are:
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Whether, in a breach of contract case under the FSIA’s third clause, it is sufficient to prove a “direct effect” in the United States applying traditional causation principles, as four circuits have held, or whether courts must make an additional finding that the contract at issue established or necessarily contemplated the United States as a place of performance, as six circuits have held.
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Whether the “act performed in the United States” giving rise to jurisdiction in an action under the FSIA’s second clause must be an “act” by the foreign sovereign, as the D.C. Circuit has held, or whether the FSIA’s text contains no such limitation, as the Fourth Circuit has held. (i)
Counsel of record
For petitioner
Neal Kumar Katyal
Milbank LLP
For respondent
Boaz S. Morag
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage
Proceedings
- Nov 10 2025Petition DENIED. Justice Jackson took no part in the consideration or decision of this petition. See 28 U. S. C. §455 and Code of Conduct for Justices of the Supreme Court of the United States, Canon 3B(2)(e) (prior judicial service).
- Oct 08 2025DISTRIBUTED for Conference of 11/7/2025.
- Sep 30 2025Supplemental brief of petitioner Wye Oak Technology, Inc. filed.
- Sep 15 2025Brief amicus curiae of United States filed.
- Jul 17 2025Supplemental brief of respondents Republic of Iraq, et al. filed.
- Jun 18 2025Supplemental brief of petitioner Wye Oak Technology, Inc. filed.
- Apr 28 2025The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Jackson took no part in the consideration of this petition. See 28 U. S. C. §455 and Code of Conduct for Justices of the Supreme Court of the United States, Canon 3B(2)(e) (prior judicial service).
- Apr 09 2025DISTRIBUTED for Conference of 4/25/2025.
- Apr 08 2025Reply of petitioner Wye Oak Technology, Inc. filed. (Distributed)
- Mar 20 2025Brief of respondents Republic of Iraq, et al. in opposition filed.
- Jan 30 2025Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2025.
- Jan 29 2025Motion to extend the time to file a response from February 18, 2025 to March 20, 2025, submitted to The Clerk.
- Jan 14 2025Petition for a writ of certiorari filed. (Response due February 18, 2025)