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Cassirer v. Thyssen-Bornemisza Collection Foundation

Docket No.20-1566
Op. Below9th Cir.
ArgumentJan 18, 2022

Holding

In a suit raising non-federal claims against a foreign state or instrumentality under the <a href= "https://www.govinfo.gov/content/pkg/USCODE-2023-title28/pdf/USCODE-2023-title28-partIV-chap97-sec1602.pdf" target="_blank">Foreign Sovereign Immunities Act, a court should determine the substantive law by using the same choice-of-law rule applicable in a similar suit against a private party.

Judgment

Vacated and remanded, 9-0, in an opinion by Elena Kagan on Apr 21, 2022.

Proceedings & orders timeline

May 6, 2021
Petition for a writ of certiorari filed. (Response due June 10, 2021)
May 14, 2021
Waiver of right of respondent Thyssen-Bornemisza Collection Foundation to respond filed.
May 18, 2021
DISTRIBUTED for Conference of 6/3/2021.
May 24, 2021
Response Requested. (Due June 23, 2021)
May 24, 2021
Brief amici curiae of 14 Professors of Law filed.
Jun 2, 2021
Motion to extend the time to file a response from June 23, 2021 to July 30, 2021, submitted to The Clerk.
Jun 3, 2021
Motion to extend the time to file a response is granted and the time is extended to and including July 30, 2021.
Jul 29, 2021
Brief of respondent Thyssen-Bornemisza Collection Foundation in opposition filed.
Aug 17, 2021
Reply of petitioners David Cassirer, et al. filed. (Distributed)
Aug 18, 2021
DISTRIBUTED for Conference of 9/27/2021.
Sep 30, 2021
Petition GRANTED.
Oct 14, 2021
Joint motion for an extension of time to file the briefs on the merits filed.
Oct 19, 2021
Joint motion to extend the time to file the briefs on the merits denied.
Oct 21, 2021
Blanket Consent filed by Petitioner, David Cassirer, et al.
Oct 21, 2021
Blanket Consent filed by Respondent, Thyssen-Bornemisza Collection Foundation
Nov 15, 2021
Brief of petitioners David Cassirer, et al filed.
Nov 15, 2021
Joint appendix filed (statement of cost received).
Nov 17, 2021
ARGUMENT SET FOR Tuesday, January 18, 2022.
Nov 17, 2021
Record requested from the U.S.C.A. 9th Circuit.
Nov 17, 2021
The record from the 9th Circuit is electronic and located on Pacer.
Nov 18, 2021
Brief amici curiae of The 1939 Society, et al. filed.
Nov 19, 2021
Brief amici curiae of B'nai B'rith International, et al. filed.
Nov 22, 2021
Brief amicus curiae of United States filed.
Nov 22, 2021
Brief amici curiae of Professors of Law filed.
Nov 22, 2021
Brief amici curiae of Comunidad Judía de Madrid and Federación de Comunidades Judías de España filed.
Nov 22, 2021
Brief amicus curiae of Mark B. Feldman filed.
Dec 14, 2021
CIRCULATED
Dec 15, 2021
Brief of respondent Thyssen-Bornemisza Collection Foundation filed. (Distributed)
Dec 20, 2021
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Jan 6, 2022
The record received from the United States District Court Central District of California - 1 Box. Exhibits received has been electronically filed.
Jan 7, 2022
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Jan 7, 2022
Reply of petitioners David Cassirer, et al. filed. (Distributed)
Jan 18, 2022
Argued. For petitioners: David Boies, Armonk, N. Y.; and Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Thaddeus J. Stauber, Los Angeles, Cal.
Apr 21, 2022
Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
May 23, 2022
Judgment Issued
Jan 13, 2023
Record returned to U.S.D.C.-Central District of California - 1 Box.

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