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Petróleos de Venezuela, S.A., et al. v. Helmerich & Payne International Drilling Co.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 24-7161 · judgment October 3, 2025


Certiorari denied · October 5, 2026
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, about 1.5× 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 petition citing three to ten dissents, and down for a business respondent.

Question presented

The act-of-state doctrine “precludes the courts of this country from inquiring into the validity of the public acts a recognized foreign sovereign power committed within its own territory.” Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 401 (1964). In Sabbatino, this Court held that doctrine barred U.S. courts from examining the validity of a Cuban government instrumentality’s claim to funds held in escrow in New York, even though they were attributable to the sale of sugar allegedly expropriated in violation of international law. Id. at 401-407, 428. According to the Court, the fact that the expropriated sugar’s sale proceeds were “brought into this country” did not provide a basis for a U.S. “[j]udicial determination[] of invalidity of [the Cuban government’s] title.” Id. at 431. In response to Sabbatino, Congress enacted the “Second Hickenlooper Amendment,” which bars a court from applying the act-of-state doctrine “in a case in which a claim of title or other right to property is asserted by any party including a foreign state * * * based upon (or traced through) a confiscation or other taking * * * by an act of that state in violation of the principles of international law.” 22 U.S.C. § 2370(e)(2). That provision “permit[s] adjudication of claims the Sabbatino decision had avoided.” Republic of Hungary v. Simon, 604 U.S. 115, 121 (2025) (citation omitted). The question presented is: Whether a claim for damages as compensation for a foreign taking of property triggers 22 U.S.C. § 2370(e)(2)’s exception to the act-of-state doctrine where neither the expropriated property nor any property exchanged for it has entered the United States. (I)

Counsel of record

For petitioner
—

For respondent
Matthew Scott Rozen
Gibson, Dunn & Crutcher LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
25A905

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Aug 26 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Aug 26 2026
    Letter of August 26, 2026, from former counsel for petitioner submitted.
  4. Aug 07 2026
    Brief of respondent Helmerich & Payne International Drilling Co. in opposition filed.
  5. Jun 23 2026
    Motion to extend the time to file a response is granted and the time is extended to and including August 7, 2026.
  6. Jun 22 2026
    Motion to extend the time to file a response from July 8, 2026 to August 7, 2026, submitted to The Clerk.
  7. Jun 08 2026
    Response Requested. (Due July 8, 2026)
  8. Jun 02 2026
    DISTRIBUTED for Conference of 6/18/2026.
  9. May 22 2026
    Waiver of right of respondent Helmerich & Payne International Drilling Co. to respond filed.
  10. May 01 2026
    Petition for a writ of certiorari filed. (Response due June 5, 2026)
  11. Feb 12 2026
    Application (25A905) granted by The Chief Justice extending the time to file until May 1, 2026.
  12. Feb 06 2026
    Application (25A905) to extend the time to file a petition for a writ of certiorari from March 3, 2026 to May 1, 2026, submitted to The Chief Justice.