Sudan v. Owens

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-1236 D.C. Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether plaintiffs suing a foreign state bear a “lighter burden” in establishing the facts necessary for jurisdiction than in proving a case on the merits despite the Supreme Court’s holding to the contrary — at the urging of the Solicitor General and the Department of State — in Venezuela v. Helmerich & Payne International Drilling Co.; (2) whether plaintiffs suing a foreign state can establish facts necessary for jurisdiction “based solely upon” the opinion testimony of so-called “terrorism experts,” when the record lacks admissible factual evidence sufficient to establish jurisdiction; and (3) whether plaintiffs’ failure to prove a foreign state “either specifically intended or directly advanced” a terrorist attack is “irrelevant to proximate cause and jurisdictional causation,” when (i) the Foreign Sovereign Immunities Act’s “terrorism exception” establishes jurisdiction over a foreign state only when the foreign state provided material support “for” a specified act of terrorism, and (ii) proximate causation requires a “direct relationship” between the defendant’s conduct and the resultant injury. CVSG: 05/21/2019.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 20 2017Application (17A667) to extend the time to file a petition for a writ of certiorari from January 1, 2018 to March 2, 2018, submitted to The Chief Justice.
Dec 22 2017Application (17A667) granted by The Chief Justice extending the time to file until March 2, 2018.
Mar 02 2018Petition for a writ of certiorari filed. (Response due April 5, 2018)
Mar 23 2018Motion to extend the time to file a response from April 5, 2018 to May 7, 2018, submitted to The Clerk.
Mar 26 2018Motion to extend the time to file a response is granted and the time is extended to and including May 7, 2018.
Apr 05 2018Brief amici curiae of Terrorism and Evidence Experts filed.
Apr 05 2018Motion for leave to file amici brief filed by Former U.S. Ambassadors.
May 07 2018Brief of respondents James Owens, et al. in opposition filed.
May 22 2018DISTRIBUTED for Conference of 6/7/2018.
May 22 2018Reply of petitioner Republic of Sudan, et al. filed. (Distributed)
Jun 11 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 21 2019Brief amicus curiae of United States filed.
Jun 03 2019Supplemental brief of petitioners Republic of Sudan, et al. filed.
Jun 04 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 26 2019DISTRIBUTED for Conference of 6/27/2019.
Term Snapshot
At a Glance