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Republic of Argentina v. NML Capital

Docket No. Op. Below Argument Opinion Vote Author Term
12-842 2d Cir. Apr 21, 2014 Jun 16, 2014 7-1 Scalia OT 2013

Holding: The Foreign Sovereign Immunities Act of 1976 does not provide a foreign-sovereign judgment debtor with immunity from post-judgment discovery of information concerning its extraterritorial assets.

Judgment: Affirmed, 7-1, in an opinion by Justice Scalia on June 16, 2014.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
01/07/2013Petition for a writ of certiorari filed. (Response due February 8, 2013)
02/01/2013Order extending time to file response to petition to and including March 11, 2013.
03/11/2013Brief of respondent NML Capital, Ltd. in opposition filed.
03/26/2013Reply of petitioner Republic of Argentina filed.
03/27/2013DISTRIBUTED for Conference of April 12, 2013.
04/15/2013The Solicitor General is invited to file a brief in this case expressing the views of the United States.
11/22/2013Supplemental brief of petitioner Republic of Argentina filed.
12/04/2013Brief amicus curiae of United States filed.
12/18/2013DISTRIBUTED for Conference of January 10, 2014.
12/18/2013Supplemental brief of respondent NML Capital, Ltd. filed. (Distributed)
01/10/2014Petition GRANTED.
02/11/2014SET FOR ARGUMENT ON Monday, April 21, 2014
02/24/2014Joint appendix filed. (Statement of costs filed.)
02/24/2014Brief of petitioner Republic of Argentina filed.
02/28/2014Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondent.
03/03/2014Brief amici curiae of United States filed.
03/03/2014Brief amicus curiae of The Clearing House filed. (Distributed)
03/10/2014CIRCULATED.
03/21/2014Record received from U.S.C.A 2nd Circuit is electronic. (Update on 03/31/2014 record received from U.S.C.A 2nd Circuit is also electronic).
03/21/2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
03/26/2014Brief of respondent NML Capital, Ltd. filed. (Distributed)
03/31/2014Brief amici curiae of Competitive Enterprise Institute & Former State Department Officials filed. (Distributed)
04/02/2014Brief amici curiae of Aurelius Entities filed. (Distributed)
04/02/2014Brief amici curiae of South Carolina and 20 Other States filed. (Distributed)
04/02/2014Brief amici curiae of Family Members and Estates of Victims of State-Sponsored Terrorism filed. (Distributed)
04/02/2014Brief amici curiae of Montreux Partners, L.P., et al. filed. (Distributed)
04/02/2014Brief amici curiae of Additional Family Members of Victims of State-Sponsored Terrorism filed. (Distributed)
04/02/2014Brief amicus curiae of The Hispanic American Center for Economic Research filed. (Distributed)
04/02/2014Brief amicus curiae of National Association of Manufacturers filed. (Distributed)
04/02/2014Brief amicus curiae of Agudas Chasidei Chabad of United States filed. (Distributed)
04/02/2014Brief amici curiae of The Judicial Education Project and Professors of Law filed. (Distributed)
04/02/2014Brief amici curiae of Individual Bondholder Judgment Creditors filed. (Distributed)
04/02/2014Brief amici curiae of Professors Lester Brickman and The Center for the Rule of Law filed. (Distributed)
04/02/2014Brief amicus curiae of The Judicial Crisis Network filed. (Distributed)
04/14/2014Reply of petitioner Republic of Argentina filed. (Distributed)
04/18/2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
04/21/2014Argued. For petitioner: Jonathan I. Blackman, New York, N. Y.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Theodore B. Olson, Washington, D. C.
06/16/2014Adjudged to be AFFIRMED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Breyer, Alito, and Kagan, JJ., joined. Ginsburg, J., filed a dissenting opinion. Sotomayor, J., took no part in the decision of the case.
07/18/2014JUDGMENT ISSUED