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Republic of Hungary v. Simon

Docket No.23-867
Op. BelowD.C. Cir.
ArgumentDec 3, 2024

Holding

An allegation that a foreign sovereign liquidated expropriated property, commingled the proceeds with other funds, and then used some of those commingled funds for commercial activities in the United States cannot alone satisfy the commercial nexus requirement of the expropriation exception in the Foreign Sovereign Immunities Act of 1976.

Judgment

Vacated and remanded, 9-0, in an opinion by Sonia Sotomayor on Feb 21, 2025.

Proceedings & orders timeline

Dec 21, 2023
Application (23A592) to extend the time to file a petition for a writ of certiorari from January 10, 2024 to February 9, 2024, submitted to The Chief Justice.
Jan 4, 2024
Application (23A592) granted by The Chief Justice extending the time to file until February 9, 2024.
Feb 7, 2024
Petition for a writ of certiorari filed. (Response due March 13, 2024)
Mar 13, 2024
Waiver of right of respondent Rosalie Simon, et al. to respond filed.
Mar 20, 2024
DISTRIBUTED for Conference of 4/12/2024.
Mar 25, 2024
Response Requested. (Due April 24, 2024)
Apr 18, 2024
Motion to extend the time to file a response from April 24, 2024 to May 21, 2024, submitted to The Clerk.
Apr 19, 2024
Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2024, for all respondents.
May 14, 2024
Brief of respondents Rosalie Simon, et al. filed.
May 24, 2024
Reply of petitioners Republic of Hungary, et al. filed. (Distributed)
May 28, 2024
DISTRIBUTED for Conference of 6/13/2024.
Jun 17, 2024
DISTRIBUTED for Conference of 6/20/2024.
Jun 24, 2024
Petition GRANTED.
Jul 11, 2024
Motion for an extension of time to file the briefs on the merits filed.
Jul 15, 2024
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 26, 2024. The time to file respondents' brief on the merits is extended to and including October 11, 2024.
Aug 26, 2024
Brief of petitioner Republic of Hungary and Magyar Allamvasutak Zrt filed.
Aug 26, 2024
Joint appendix filed. (Statement of costs filed)
Sep 3, 2024
Brief amicus curiae of United States filed.
Sep 3, 2024
Brief amicus curiae of the Federal Republic of Germany filed.
Oct 11, 2024
Brief of respondents Rosalie Simon, et al. filed.
Oct 17, 2024
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 18, 2024
SET FOR ARGUMENT on Tuesday, December 3, 2024.
Oct 18, 2024
Brief amici curiae of Members of the United States House of Representatives and Senate filed. (Distributed)
Oct 18, 2024
Brief amici curiae of The 1939 Society, et al. filed. (Distributed)
Oct 22, 2024
Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Oct 22, 2024
CIRCULATED
Nov 4, 2024
Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
Nov 4, 2024
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 11, 2024
Reply of petitioners Republic of Hungary, et al. filed. (Distributed)
Dec 3, 2024
Argued. For petitioners: Joshua S. Glasgow, Buffalo, N. Y.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Shay Dvoretzky, Washington, D. C.
Feb 21, 2025
Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
Mar 25, 2025
Judgment Issued.

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