Editor's Note :

Editor's Note :

There is a possibility of opinions on Tuesday at 10 a.m. We will begin live-blogging at 9:45 a.m.
On Tuesday the court hears oral argument in Abbott v. Perez. Amy Howe has our preview.
On Tuesday the court also hears oral argument in Animal Science Products Inc. v. Hebei Welcome Pharmaceutical Co. Ltd. Amy Howe again has our preview.

Bank Melli v. Bennett

Petition for certiorari denied on March 5, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
16-334 9th Cir. N/A N/A N/A N/A OT 2017

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 01 2016Reply of petitioner Bank Melli filed.
Nov 02 2016DISTRIBUTED for Conference of November 22, 2016.
Nov 18 2016Rescheduled.
Dec 07 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 09 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.
Jun 05 2017Supplemental brief of respondents Michael Bennett, et al. filed.
Jun 05 2017Supplemental brief of petitioner Bank Melli filed.
Jun 06 2017DISTRIBUTED for Conference of June 22, 2017.
Jun 26 2017DISTRIBUTED for Conference of June 26, 2017.
Feb 21 2018DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018DISTRIBUTED for Conference of 3/2/2018.
Mar 05 2018Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition.
 
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