Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

Exchange Bondholder Group v. NML Capital, Ltd.

Petition for certiorari denied on June 16, 2014

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
13-991 2d Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether, where a foreign nation has refused to make payments to holders of its defaulted debt instruments, a federal court can coerce payment by issuing an injunction preventing a non-party trustee from paying non-party holders of the sovereign’s non-defaulted debt instruments unless the sovereign also satisfies in full the claims of the defaulted debt holders, thereby imposing otherwise non-existent conditions on the payment rights of the non-parties and creating a grave risk of default; (2) whether the Fifth Amendment’s prohibitions against government deprivations and takings of private property solely for the purpose of conferring a private benefit bar a federal court from granting equitable relief that conditions the payment rights of the non-party, non-defaulted debt holders on the sovereign’s payment of overdue sums to parties who are holders of the defaulted debt; and (3) whether non-party holders of debt instruments have standing to appeal the district court’s entry of an order that prohibits payments on those specific debt instruments — and no others — until the debtor has satisfied unrelated overdue payments on other debt instruments.

SCOTUSblog Coverage

DateProceedings and Orders
Feb 18 2014Petition for a writ of certiorari filed. (Response due March 24, 2014)
Mar 11 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Republic of Argentina. VIDED.
Mar 12 2014Blanket consent to the filing of amicus curiae briefs, in support of eithr party or of neither party, received from counsel for ALL parties. VIDED.
Mar 17 2014Waiver of right of respondents NML Capital, Ltd., et al. to respond filed.
Mar 18 2014Consent to the filing of amicus curiae briefs, in support of either party or neither party, rceived from counsel for respondent Olifant Fund, Ltd.. VIDED
Mar 18 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Aurelius Capital Master, Ltd., ACP Master, Ltd., Aurelius Opportunities Fund II, LLC, and Blue Angel Capital I LLC. VIDED.
Mar 19 2014Order extending time to file response to petition to and including May 7, 2014.
Mar 21 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent NML Capital, Ltd. VIDED.
Mar 24 2014Brief amicus curiae of United Mexican States filed. VIDED.
Mar 24 2014Brief amicus curiae of Jubilee, USA Network filed. VIDED.
Mar 24 2014Brief of respondent Fintech Advisory, Inc. in support filed. VIDED.
Apr 30 2014Letter of April 30, 2014, from counsel for petitioner received.
May 7 2014Brief of respondent NML Capital, Ltd. in opposition filed.
May 27 2014DISTRIBUTED for Conference of June 12, 2014.
May 27 2014Reply of petitioner Exchange Bondholder Group filed. (Distributed)
May 27 2014Letter of May 27, 2014, from counsel for petitioner received. (Distributed).
Jun 16 2014Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
 
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