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Republic of Argentina v. NML Capital

Docket No. Op. Below Argument Opinion Vote Author Term
12-842 2d Cir. Apr 21, 2014 Jun 16, 2014 7-1 Scalia OT 2013

Holding: The Foreign Sovereign Immunities Act of 1976 does not provide a foreign-sovereign judgment debtor with immunity from post-judgment discovery of information concerning its extraterritorial assets.

Judgment: Affirmed, 7-1, in an opinion by Justice Scalia on June 16, 2014.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 7 2013Petition for a writ of certiorari filed. (Response due February 8, 2013)
Feb 1 2013Order extending time to file response to petition to and including March 11, 2013.
Mar 11 2013Brief of respondent NML Capital, Ltd. in opposition filed.
Mar 26 2013Reply of petitioner Republic of Argentina filed.
Mar 27 2013DISTRIBUTED for Conference of April 12, 2013.
Apr 15 2013The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 22 2013Supplemental brief of petitioner Republic of Argentina filed.
Dec 4 2013Brief amicus curiae of United States filed.
Dec 18 2013DISTRIBUTED for Conference of January 10, 2014.
Dec 18 2013Supplemental brief of respondent NML Capital, Ltd. filed. (Distributed)
Jan 10 2014Petition GRANTED.
Feb 11 2014SET FOR ARGUMENT ON Monday, April 21, 2014
Feb 24 2014Joint appendix filed. (Statement of costs filed.)
Feb 24 2014Brief of petitioner Republic of Argentina filed.
Feb 28 2014Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondent.
Mar 3 2014Brief amici curiae of United States filed.
Mar 3 2014Brief amicus curiae of The Clearing House filed. (Distributed)
Mar 10 2014CIRCULATED.
Mar 21 2014Record received from U.S.C.A 2nd Circuit is electronic. (Update on 03/31/2014 record received from U.S.C.A 2nd Circuit is also electronic).
Mar 21 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 26 2014Brief of respondent NML Capital, Ltd. filed. (Distributed)
Mar 31 2014Brief amici curiae of Competitive Enterprise Institute & Former State Department Officials filed. (Distributed)
Apr 2 2014Brief amici curiae of Aurelius Entities filed. (Distributed)
Apr 2 2014Brief amici curiae of South Carolina and 20 Other States filed. (Distributed)
Apr 2 2014Brief amici curiae of Family Members and Estates of Victims of State-Sponsored Terrorism filed. (Distributed)
Apr 2 2014Brief amici curiae of Montreux Partners, L.P., et al. filed. (Distributed)
Apr 2 2014Brief amici curiae of Additional Family Members of Victims of State-Sponsored Terrorism filed. (Distributed)
Apr 2 2014Brief amicus curiae of The Hispanic American Center for Economic Research filed. (Distributed)
Apr 2 2014Brief amicus curiae of National Association of Manufacturers filed. (Distributed)
Apr 2 2014Brief amicus curiae of Agudas Chasidei Chabad of United States filed. (Distributed)
Apr 2 2014Brief amici curiae of The Judicial Education Project and Professors of Law filed. (Distributed)
Apr 2 2014Brief amici curiae of Individual Bondholder Judgment Creditors filed. (Distributed)
Apr 2 2014Brief amici curiae of Professors Lester Brickman and The Center for the Rule of Law filed. (Distributed)
Apr 2 2014Brief amicus curiae of The Judicial Crisis Network filed. (Distributed)
Apr 14 2014Reply of petitioner Republic of Argentina filed. (Distributed)
Apr 18 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 21 2014Argued. For petitioner: Jonathan I. Blackman, New York, N. Y.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Theodore B. Olson, Washington, D. C.
Jun 16 2014Adjudged to be AFFIRMED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Breyer, Alito, and Kagan, JJ., joined. Ginsburg, J., filed a dissenting opinion. Sotomayor, J., took no part in the decision of the case.
Jul 18 2014JUDGMENT ISSUED