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Republic of Hungary v. Simon

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Docket No. Op. Below Argument Opinion Vote Author Term
23-867 D.C. Cir. Dec 3, 2024
 TBD TBD TBD OT 2024

Issues: (1) Whether historical commingling of assets suffices to establish that proceeds of seized property have a commercial nexus with the United States under the expropriation exception to the Foreign Sovereign Immunities Act; (2) whether a plaintiff must make out a valid claim that an exception to the FSIA applies at the pleading stage, rather than merely raising a plausible inference; and (3) whether a sovereign defendant bears the burden of producing evidence to affirmatively disprove that the proceeds of property taken in violation of international law have a commercial nexus with the United States under the expropriation exception to the FSIA.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 21 2023Application (23A592) to extend the time to file a petition for a writ of certiorari from January 10, 2024 to February 9, 2024, submitted to The Chief Justice.
Jan 04 2024Application (23A592) granted by The Chief Justice extending the time to file until February 9, 2024.
Feb 07 2024Petition for a writ of certiorari filed. (Response due March 13, 2024)
Mar 13 2024Waiver of right of respondent Rosalie Simon, et al. to respond filed.
Mar 20 2024DISTRIBUTED for Conference of 4/12/2024.
Mar 25 2024Response Requested. (Due April 24, 2024)
Apr 18 2024Motion to extend the time to file a response from April 24, 2024 to May 21, 2024, submitted to The Clerk.
Apr 19 2024Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2024, for all respondents.
May 14 2024Brief of respondents Rosalie Simon, et al. filed.
May 24 2024Reply of petitioners Republic of Hungary, et al. filed. (Distributed)
May 28 2024DISTRIBUTED for Conference of 6/13/2024.
Jun 17 2024DISTRIBUTED for Conference of 6/20/2024.
Jun 24 2024Petition GRANTED.
Jul 11 2024Motion for an extension of time to file the briefs on the merits filed.
Jul 15 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 26, 2024. The time to file respondents' brief on the merits is extended to and including October 11, 2024.
Aug 26 2024Brief of petitioner Republic of Hungary and Magyar Allamvasutak Zrt filed.
Aug 26 2024Joint appendix filed.
Sep 03 2024Brief amicus curiae of United States filed.
Sep 03 2024Brief amicus curiae of the Federal Republic of Germany filed.
Oct 11 2024Brief of respondents Rosalie Simon, et al. filed.
Oct 17 2024Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 18 2024SET FOR ARGUMENT on Tuesday, December 3, 2024.
Oct 18 2024Brief amici curiae of Members of the United States House of Representatives and Senate filed. (Distributed)
Oct 18 2024Brief amici curiae of The 1939 Society, et al. filed. (Distributed)
Oct 22 2024Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Oct 22 2024CIRCULATED
Nov 04 2024Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
Nov 04 2024Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 11 2024Reply of petitioners Republic of Hungary, et al. filed. (Distributed)
Dec 03 2024Argued. For petitioners: Joshua S. Glasgow, Buffalo, N. Y.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Shay Dvoretzky, Washington, D. C.