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Yegiazaryan v. Smagin

Consolidated with CMB Monaco v. Smagin (22-383)
Docket No.22-381
Op. Below9th Cir.
ArgumentApr 25, 2023

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 Sonia Sotomayor on Jun 22, 2023. Justice Alito filed a dissenting opinion, in which Justice Thomas joined, and in which Justice Gorsuch joined as to Part I.

Proceedings & orders timeline

Oct 20, 2022
Petition for a writ of certiorari filed. (Response due November 23, 2022)
Nov 23, 2022
Brief of respondent Vitaly Smagin in opposition filed. VIDED.
Dec 2, 2022
Reply of petitioner Ashot Yegiazaryan filed.
Dec 6, 2022
Reply of petitioner CMB Monaco filed. VIDED. (Distributed)
Dec 7, 2022
DISTRIBUTED for Conference of 1/6/2023.
Jan 9, 2023
DISTRIBUTED for Conference of 1/13/2023.
Jan 13, 2023
Petition 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, 2023
Because 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, 2023
SET FOR ARGUMENT on Tuesday, April 25, 2023. VIDED.
Feb 8, 2023
Record requested from the U.S.C.A.-9th Circuit. VIDED.
Feb 8, 2023
All records from the USCA-9th Circuit and USDC-Central Disrict of California are available on PACER. VIDED.
Feb 27, 2023
Brief of petitioners filed. VIDED.
Feb 27, 2023
Joint appendix filed. VIDED.
Mar 6, 2023
Brief amicus curiae of Washington Legal Foundation filed. VIDED.
Mar 6, 2023
Brief amici curiae of Private International Law Scholars filed.
Mar 24, 2023
CIRCULATED
Mar 29, 2023
Brief of respondent Vitaly Smagin filed. VIDED. (Distributed)
Apr 5, 2023
Brief amicus curiae of Professor George A. Bermann filed. VIDED. (Distributed)
Apr 14, 2023
Reply of petitioners filed. VIDED. (Distributed)
Apr 25, 2023
Argued. For petitioners: Vincent Levy, New York, N. Y. For Vitaly Ivanovich Smagin: Nicholas O. Kennedy, Dallas, Tex. VIDED.
Jun 22, 2023
Judgment 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, 2023
Judgment issued.

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