Venezuela v. Helmerich & Payne International

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

Opinion analysis: Justices raise bar for claims under FSIA's expropriation exception (Amy Howe, May 1, 2017)
Argument analysis: No clear answers on jurisdictional standards and foreign sovereign immunity (Amy Howe, November 2, 2016)
Argument preview: Pleading standards and the "expropriation" exception to the FSIA (Amy Howe, October 27, 2016)
Court to hear major new controversies -- next Term (Lyle Denniston, June 28, 2016)
Solicitor General responds to the Court's invitations (Amy Howe, May 29, 2016)

Date	Proceedings and Orders (key to color coding)
10/05/2015	Petition for a writ of certiorari filed. (Response due November 5, 2015)
10/27/2015	Order extending time to file response to petition to and including December 7, 2015.
12/03/2015	Order further extending time to file response to petition to and including January 6, 2016.
01/06/2016	Brief of respondents Helmerich & Payne International Drilling Co., et al. in opposition filed.
01/19/2016	Reply of petitioners Bolivarian Republic of Venezuela, et al. filed.
01/20/2016	DISTRIBUTED for Conference of February 19, 2016.
02/29/2016	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/24/2016	Brief amicus curiae of United States filed.
06/06/2016	Supplemental brief of respondents Helmerich & Payne International Drilling Co., et al. filed.
06/07/2016	DISTRIBUTED for Conference of June 23, 2016.
06/27/2016	DISTRIBUTED for Conference of June 27, 2016.
06/28/2016	Petition GRANTED limited to Question 3 presented by the petition.
07/21/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
07/28/2016	The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 19, 2016.
07/29/2016	The time to file respondents' brief on the merits is extended to and including September 26, 2016.
08/19/2016	Joint appendix filed. (Statement of costs filed)
08/19/2016	Brief of petitioners Bolivarian Republic of Venezuela, et al. filed.
08/26/2016	Brief amicus curiae of United States filed.
09/02/2016	SET FOR ARGUMENT On Wednesday, November 2, 2016
09/09/2016	Record has been requested from the U.S.C.A. District of Columbia Circuit.
09/23/2016	Record 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.
09/23/2016	Record received from the U.S.D.C. District of Columbia is electronic and located on PACER.
09/26/2016	Brief of respondents Helmerich & Payne International Drilling Co., et al. filed.
09/28/2016	CIRCULATED
09/29/2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
10/03/2016	Brief amici curiae of Former State Department Attorneys John Norton Moore and Edwin D. Williamson filed. (Distributed)
10/17/2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/21/2016	Reply of petitioners Bolivarian Republic of Venezuela, et al. filed. (Distributed)
11/02/2016	Argued. 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.
05/01/2017	Judgment 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.
06/02/2017	JUDGMENT ISSUED.