Supreme Court of the United States · Official docket →
Euclides Bartolome Bugliotti, et al. v. Republic of Argentina
Paid petition · United States Court of Appeals for the Second Circuit, No. 24-2950 · judgment March 9, 2026
(petition-stage, structural)
Roughly the 4.1% base rate. The model weights this up for a Second Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.
Questions presented
Argentine holders of defaulted Argentine bonds, in suing to enforce their bonds in federal court in New York, invoked the sovereign issuer’s normal waiver of immunity and consent to jurisdiction contained in its Fiscal Agency Agreement (FAA) used in issuing the bonds. The holders’ bonds had been placed in an Argentine trust. Their original enforcement action was dismissed for lack of standing under an Argentine statute requiring judicial approval for actions brought by trust beneficiaries instead of their trustee. The holders immediately obtained judicial approval and sued again. By that time, the limitation period on most of their bond claims had run. The court of appeals held that New York’s “saving” statute did not extend limitations for these holders on the ground that, under the Foreign Sovereign Immunities Act (FSIA), the holders’ lack of standing retroactively voided their invocation, in their original complaint, of the jurisdictional consent and waivers contained in the FAA, meaning jurisdiction had never existed.
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Whether a plaintiff bondholder’s later-cured lack of standing under foreign trust law may retroactively negate a foreign sovereign’s contractual waiver of immunity and consent to jurisdiction under the FSIA, thereby extinguishing claims that were timely filed and continuously litigated under New York law?
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Whether a federal court of appeals may resolve an outcome-determinative and unsettled question concerning the scope of New York’s remedial limitation saving statute by applying a novel FSIA-based jurisdictional theory without first obtaining guidance from New York’s highest court through its available certification procedure?
Counsel of record
For petitioner
Michael Champlin Spencer
For respondent
Carmine D. Boccuzzi Jr.
Cleary, Gottlieb, Steen, et al
Case
Conference history
Distributed for 1 conference
Proceedings
- Aug 05 2026DISTRIBUTED for Conference of 9/28/2026.
- Jul 29 2026Waiver of right of respondent The Republic of Argentina to respond filed.
- Jul 01 2026Petition for a writ of certiorari filed. (Response due August 17, 2026)