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Yegiazaryan v. Smagin

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
22-381 9th Cir. Apr 25, 2023
Jun 22, 2023 6-3 Sotomayor OT 2022

Holding: A plaintiff alleges a “domestic injury” as required by RJR Nabisco, Inc. v. European Community for filing a private civil suit under the Racketeer Influenced and Corrupt Organizations Act when the circumstances surrounding the injury indicate it arose in the United States.

Judgment: Affirmed and remanded, 6-3, in an opinion by Justice Sotomayor on June 22, 2023. Justice Alito filed a dissenting opinion, in which Justice Thomas joined, and in which Justice Gorsuch joined as to Part I.

DateProceedings and Orders (key to color coding)
Oct 20 2022Petition for a writ of certiorari filed. (Response due November 23, 2022)
Nov 23 2022Brief of respondent Vitaly Smagin in opposition filed. VIDED.
Dec 02 2022Reply of petitioner Ashot Yegiazaryan filed.
Dec 06 2022Reply of petitioner CMB Monaco filed. VIDED. (Distributed)
Dec 07 2022DISTRIBUTED for Conference of 1/6/2023.
Jan 09 2023DISTRIBUTED for Conference of 1/13/2023.
Jan 13 2023Petition GRANTED. The petition for a writ of certiorari in No. 22-383 is GRANTED. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jan 13 2023Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 22-381. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 22-381. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jan 31 2023SET FOR ARGUMENT on Tuesday, April 25, 2023. VIDED.
Feb 08 2023Record requested from the U.S.C.A.-9th Circuit. VIDED.
Feb 08 2023All records from the USCA-9th Circuit and USDC-Central Disrict of California are available on PACER. VIDED.
Feb 27 2023Brief of petitioners filed. VIDED.
Feb 27 2023Joint appendix filed. VIDED.
Mar 06 2023Brief amicus curiae of Washington Legal Foundation filed. VIDED.
Mar 06 2023Brief amici curiae of Private International Law Scholars filed.
Mar 29 2023Brief of respondent Vitaly Smagin filed. VIDED. (Distributed)
Apr 05 2023Brief amicus curiae of Professor George A. Bermann filed. VIDED. (Distributed)
Apr 14 2023Reply of petitioners filed. VIDED. (Distributed)
Apr 25 2023Argued. For petitioners: Vincent Levy, New York, N. Y. For Vitaly Ivanovich Smagin: Nicholas O. Kennedy, Dallas, Tex. VIDED.
Jun 22 2023Judgment is AFFIRMED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined, and in which Gorsuch, J., joined as to Part I. VIDED.
Jul 24 2023Judgment issued.