In a post last week, we reported that the Acting Solicitor General filed invitation briefs in nine cases in which petitions are pending.  (Our full list of pending petitions, including those in which the Court has called for the views of the Solicitor General, is available here). Since then, he has filed invitation briefs in four more cases, recommending that cert. be denied in all four. The invitation briefs, as well as more specifics on each case, are below; the Court will consider these petitions before it recesses for the summer at the end of June. Also, in a brief filed on May 6, the Acting Solicitor General recommended that the petition be granted in John Crane, Inc. v. Atwell, a case that the Justices considered during yesterday's Conference.

Title: Kingdom of Spain v. Estate of Claude Cassirer
Docket: 10-786
Issue(s): (1) Whether the FSIA "expropriation exception" permits United States courts to strip a foreign sovereign of its presumptive sovereign immunity simply because it owns property allegedly taken in violation of international law by another nation?  (2) Whether a plaintiff relying on the FSIA's expropriation exception must exhaust available remedies in the relevant country before invoking the jurisdiction of United States courts?

Certiorari stage documents:

CVSG Information:


Title: Saleh v. Titan Corp.
Docket: 09-1313
Issue(s): 1) Whether the court of appeals erred by finding that claims for torture and other war crimes cannot be brought against private actors under the Alien Tort Statute; and 2) whether the court of appeals erred by creating a "battle-field preemption" doctrine that extends derivative sovereign immunity to contractors.

Certiorari stage documents:

CVSG Information:


Title: Von Saher v. Norton Simon Museum of Art at Pasadena
Docket: 09-1254
Issue(s): (1) Whether, in enacting a state statute extending the statute of limitations applicable to claims for the recovery of property stolen during the Holocaust against museums and galleries, the State of California was addressing an area of "traditional state responsibility" without intruding on the federal foreign affairs power; (2) whether a state statute extending the statute of limitations for the recovery of property stolen during the Holocaust is preempted by the federal foreign affairs power to make and resolve war; and (3) whether California Code of Civil Procedure § 354.3 is facially unconstitutional when the application to the case at bar poses no constitutional infirmity.

Certiorari stage documents:

CVSG Information:


Title: Osage Nation v. Irby
Docket: 10-537
Issue(s): (1) Whether, in determining whether Congress “disestablished an Indian reservation,” pursuant to Solem v. Bartlett (1984), courts are limited to the statutory text, legislative history, and views of the Executive Branch or can instead also consider other external indicia; and (2) whether the lower court properly ruled that a Native American tribe’s reservation had been “disestablished.”

Certiorari stage documents:

CVSG Information:

Posted in Merits Cases

Recommended Citation: Kali Borkoski, Acting Solicitor General files four more invitation briefs, SCOTUSblog (Jun. 3, 2011, 3:27 PM), https://www.scotusblog.com/2011/06/acting-solicitor-general-files-four-more-invitation-briefs/