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Republic of Hungary v. Simon

Docket No. Op. Below Argument Opinion Vote Author Term
23-867 D.C. Cir. Dec 3, 2024 Feb 21, 2025 9-0 Sotomayor OT 2024

Holding: An allegation that a foreign sovereign liquidated expropriated property, commingled the proceeds with other funds, and then used some of those commingled funds for commercial activities in the United States cannot alone satisfy the commercial nexus requirement of the expropriation exception in the Foreign Sovereign Immunities Act of 1976.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Sotomayor on February 21, 2025.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
12/21/2023Application (23A592) to extend the time to file a petition for a writ of certiorari from January 10, 2024 to February 9, 2024, submitted to The Chief Justice.
01/04/2024Application (23A592) granted by The Chief Justice extending the time to file until February 9, 2024.
02/07/2024Petition for a writ of certiorari filed. (Response due March 13, 2024)
03/13/2024Waiver of right of respondent Rosalie Simon, et al. to respond filed.
03/20/2024DISTRIBUTED for Conference of 4/12/2024.
03/25/2024Response Requested. (Due April 24, 2024)
04/18/2024Motion to extend the time to file a response from April 24, 2024 to May 21, 2024, submitted to The Clerk.
04/19/2024Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2024, for all respondents.
05/14/2024Brief of respondents Rosalie Simon, et al. filed.
05/24/2024Reply of petitioners Republic of Hungary, et al. filed. (Distributed)
05/28/2024DISTRIBUTED for Conference of 6/13/2024.
06/17/2024DISTRIBUTED for Conference of 6/20/2024.
06/24/2024Petition GRANTED.
07/11/2024Motion for an extension of time to file the briefs on the merits filed.
07/15/2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 26, 2024. The time to file respondents' brief on the merits is extended to and including October 11, 2024.
08/26/2024Brief of petitioner Republic of Hungary and Magyar Allamvasutak Zrt filed.
08/26/2024Joint appendix filed. (Statement of costs filed)
09/03/2024Brief amicus curiae of United States filed.
09/03/2024Brief amicus curiae of the Federal Republic of Germany filed.
10/11/2024Brief of respondents Rosalie Simon, et al. filed.
10/17/2024Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
10/18/2024SET FOR ARGUMENT on Tuesday, December 3, 2024.
10/18/2024Brief amici curiae of Members of the United States House of Representatives and Senate filed. (Distributed)
10/18/2024Brief amici curiae of The 1939 Society, et al. filed. (Distributed)
10/22/2024Record requested from the United States Court of Appeals for the District of Columbia Circuit.
10/22/2024CIRCULATED
11/04/2024Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
11/04/2024Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
11/11/2024Reply of petitioners Republic of Hungary, et al. filed. (Distributed)
12/03/2024Argued. For petitioners: Joshua S. Glasgow, Buffalo, N. Y.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Shay Dvoretzky, Washington, D. C.
02/21/2025Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
03/25/2025Judgment Issued.