Supreme Court of the United States · Official docket →
Agudas Chasidei Chabad of United States v. Russian Federation, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-7036, 23-7037 · judgment August 6, 2024
Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for a federal-government petitioner and a D.C. Circuit decision below.
Question presented
Under the Foreign Sovereign Immunities Act (“FSIA”), a “foreign state shall not be immune from the jurisdiction of courts of the United States” for suits involving the unlawful expropriation of property if one of two U.S.-nexus tests is met. 28 U.S.C. § 1605(a)(3) (emphasis added). Either “that property or any property exchanged for such property”: (1) “is present in the United States in connection with a commercial activity carried on in the United States by the foreign state,” or it (2) “is 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 question presented is whether a “foreign state” lacks immunity from U.S. jurisdiction under the FSIA if either U.S.-nexus test is met or whether, as the D.C. Circuit holds, a “foreign state” loses its immunity only if the first U.S.-nexus test is met—i.e., if the expropriated property, or property exchanged for it, is found in the United States. (i)
Counsel of record
For petitioner
Robert Paul Parker
Rothwell, Figg, Ernst & Manbeck, P.C.
For respondent
Carolyn Beth Lamm
White & Case LLP
Proceedings
- Jan 20 2026Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition. 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).
- Jan 12 2026DISTRIBUTED for Conference of 1/16/2026.
- Dec 29 2025Supplemental brief of petitioner Agudas Chasidei Chabad of United States filed. (Distributed)
- Dec 23 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 23 2025Supplemental brief of respondent Tenex-USA, Incorporated filed. (Distributed)
- Dec 09 2025Brief amicus curiae of United States filed.
- Jun 02 2025The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Kavanaugh took no part in the consideration of this petition. 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).
- May 13 2025DISTRIBUTED for Conference of 5/29/2025.
- May 09 2025Reply of petitioner Agudas Chasidei Chabad of United States filed. (Distributed)
- Apr 25 2025Brief of respondent Tenex-USA, Incorporated in opposition filed.
- Mar 26 2025Brief amici curiae of Members of the United States House of Representatives, et al. filed.
- Feb 28 2025Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2025, for all respondents.
- Feb 27 2025Motion to extend the time to file a response from March 26, 2025 to April 25, 2025, submitted to The Clerk.
- Feb 20 2025Petition for a writ of certiorari filed. (Response due March 26, 2025)
- Dec 05 2024Application (24A551) granted by The Chief Justice extending the time to file until February 20, 2025.
- Dec 03 2024Application (24A551) to extend the time to file a petition for a writ of certiorari from December 22, 2024 to February 20, 2025, submitted to The Chief Justice.