Issue: (1) Whether, for purposes of determining when an entity is an “agent” of a “foreign state” under the first clause of the commercial activity exception of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(2), the express definition of “agency” in the FSIA, the factors set forth in First National City Bank v. Banco Para el Comercio Exterior de Cuba, or common law principles of agency, control; and (2) whether, under the first clause of the commercial activity exception of the FSIA, 28 U.S.C. § 1605(a)(2), a tort claim for personal injuries suffered in connection with travel outside of the United States is “based upon” the allegedly tortious conduct occurring outside of the United States or the preceding sale of the ticket in the United States for the travel entirely outside the United States. CVSG: 12/15/2014.
The Record from U.S.C.A. is electronic and located on PACER.
Aug 28 2015
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 5 2015
Argued. For petitioner: Juan C. Basombrio, Costa Mesa, Cal.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Jeffrey L. Fisher, Stanford, Cal.
On Monday the Court is closed in observance of the federal holiday. We expect orders from the October 9 Conference on Tuesday morning at 9:30 a.m. The Court will also hear oral arguments on Tuesday and Wednesday, beginning at 10 a.m. On Friday the Justices will meet for their October 16 Conference; our list of “petitions to watch” for that Conference will be available soon.
“Appellate advocacy, particularly at the Supreme Court, is really intimate. I mean, you’re just a few feet away from the Chief Justice. You know, if you’re sweating, they see you. And, it’s a conversation. And, you know, if you’re looking down at your legal pad the whole time, you’re not going to have that conversation.” […]
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Awarded the Webby Award for excellence on the internet.