Bank Melli v. Bennett

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
16-334 9th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether Section 1610(g) of the Foreign Sovereign Immunities Act establishes a freestanding exception to sovereign immunity, as the U.S. Court of Appeals for the 9th Circuit held below, or instead merely supersedes First National City Bank v. Banco Para El Comercio Exterior de Cuba’s presumption of separate status while still requiring a plaintiff to satisfy the criteria for overcoming immunity elsewhere in Section 1610, as the U.S. Court of Appeals for the 7th Circuit has held and the United States has repeatedly urged; and (2) whether a court should apply federal or state law to determine whether assets constitute “property of” or “assets of” the sovereign under the Terrorism Risk Insurance Act and Section 1610(g), and whether those provisions require that the sovereign own the property in question, as the U.S. Court of Appeals for the District of Columbia Circuit has held and the United States has repeatedly urged, contrary to the decision below.

SCOTUSblog Coverage

DateProceedings and Orders
Sep 12 2016Petition for a writ of certiorari filed. (Response due October 17, 2016)
Oct 12 2016Waiver of right of respondent Visa Inc.; Franklin Resources, Inc. to respond filed.
Oct 17 2016Brief of respondents Michael Bennett, et al. in opposition filed.
Nov 1 2016Reply of petitioner Bank Melli filed.
Nov 2 2016DISTRIBUTED for Conference of November 22, 2016.
Nov 18 2016Rescheduled.
Dec 7 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Breyer took no part in the consideration or decision of this petition.
May 23 2017Brief amicus curiae of United States filed.
Term Snapshot