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Venezuela v. Helmerich & Payne International

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Docket No. Op. Below Argument Opinion Vote Author Term
15-423 D.C. Cir. Nov 2, 2016 May 1, 2017 8-0 Breyer OT 2016

Holding: A case falls within the scope of the Foreign Sovereign Immunities Act’s expropriation exception only if the property in which a party claims to hold rights was indeed "property taken in violation of international law"; simply making a nonfrivolous argument to that effect is not sufficient; a court should resolve any factual disputes about a foreign sovereign's immunity defense as near to the outset of the case as is reasonably possible.

Judgment: Vacated and remanded, 8-0, in an opinion by Justice Breyer on May 1, 2017. Justice Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 5 2015Petition for a writ of certiorari filed. (Response due November 5, 2015)
Oct 27 2015Order extending time to file response to petition to and including December 7, 2015.
Dec 3 2015Order further extending time to file response to petition to and including January 6, 2016.
Jan 6 2016Brief of respondents Helmerich & Payne International Drilling Co., et al. in opposition filed.
Jan 19 2016Reply of petitioners Bolivarian Republic of Venezuela, et al. filed.
Jan 20 2016DISTRIBUTED for Conference of February 19, 2016.
Feb 29 2016The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 24 2016Brief amicus curiae of United States filed.
Jun 6 2016Supplemental brief of respondents Helmerich & Payne International Drilling Co., et al. filed.
Jun 7 2016DISTRIBUTED for Conference of June 23, 2016.
Jun 27 2016DISTRIBUTED for Conference of June 27, 2016.
Jun 28 2016Petition GRANTED limited to Question 3 presented by the petition.
Jul 21 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jul 28 2016The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 19, 2016.
Jul 29 2016The time to file respondents' brief on the merits is extended to and including September 26, 2016.
Aug 19 2016Joint appendix filed. (Statement of costs filed)
Aug 19 2016Brief of petitioners Bolivarian Republic of Venezuela, et al. filed.
Aug 26 2016Brief amicus curiae of United States filed.
Sep 2 2016SET FOR ARGUMENT On Wednesday, November 2, 2016
Sep 9 2016Record has been requested from the U.S.C.A. District of Columbia Circuit.
Sep 23 2016Record received from U.S.C.A. District of Columbia Circuit. The record is electronic and located on PACER, with the exception of an electronic copy of the transcript of the oral argument.
Sep 23 2016Record received from the U.S.D.C. District of Columbia is electronic and located on PACER.
Sep 26 2016Brief of respondents Helmerich & Payne International Drilling Co., et al. filed.
Sep 28 2016CIRCULATED
Sep 29 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 3 2016Brief amici curiae of Former State Department Attorneys John Norton Moore and Edwin D. Williamson filed. (Distributed)
Oct 17 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 21 2016Reply of petitioners Bolivarian Republic of Venezuela, et al. filed. (Distributed)
Nov 2 2016Argued. For petitioners: Catherine E. Stetson, Washington, D. C.; and Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Catherine M.A. Carroll, Washington, D. C.
May 1 2017Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which all other Members joined, except Gorsuch, J., who took no part in the consideration or decision of the case.
Jun 2 2017JUDGMENT ISSUED.