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Republic of Argentina v. NML Capital, Ltd.

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Petition for certiorari denied on June 16, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-990 2d Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether this Court should certify to the New York Court of Appeals this question: Whether a foreign sovereign is in breach of a pari passu clause when it makes periodic interest payments on performing debt without also paying on its defaulted debt; and (2) whether a district court can enter an injunction coercing a foreign sovereign into paying money damages, without regard to whether payment would be made with assets that the Foreign Sovereign Immunities Act makes immune from “attachment arrest and execution,” 28 U.S.C. §§ 1609–1611.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
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 petitioner Argentina. VIDED.
Mar 12 2014Blanket consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for ALL parties. VIDED.
Mar 14 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for All, Fintech Advisory, Inc. VIDED.
Mar 18 2014Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondent Olifant Fund, Ltd., et al. 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 20 2014Consent to the filing of amicus cuirae briefs, in support of either party or of neither party, received from counsel for Varella Plaintiffs. VIDED.
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 of respondents Euro Bondholders in support in support filed.
Mar 24 2014Brief amicus curiae of Caja de Valores,S.A. filed.
Mar 24 2014Brief amicus curiae of Joseph Stiglitz filed.
Mar 24 2014Brief amicus curiae of Republic of France filed.
Mar 24 2014Brief amicus curiae of Puente Hnos. Sociedad De Bolse S.A., and Argentine American Chamber of Commerce filed.
Mar 24 2014Brief amicus curiae of United Mexican States filed. VIDED.
Mar 24 2014Brief amicus curiae of Federative Republic of Brazil filed.
Mar 24 2014Brief amicus curiae of Euroclear Bank SA /NV filed.
Mar 24 2014Brief amicus curiae of Jubilee USA Network filed. VIDED.
Mar 24 2014Brief of respondent Fintech Advisory, Inc. in support filed. VIDED.
May 7 2014Brief of Aurelius respondents in opposition filed.
May 7 2014Brief of Varela respondents in opposition filed.
May 7 2014Brief of respondents NML Capital, Ltd, and Oliphant Fund, Ltd. in opposition filed.
May 7 2014Brief amici curiae of Italian Holders of Argentine Sovereign Bonds filed.
May 7 2014Brief amici curiae of Former Federal Judges filed.
May 27 2014DISTRIBUTED for Conference of June 12, 2014.
May 27 2014Reply of petitioner Republic of Argentina filed. (Distributed)
Jun 16 2014Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.