Supreme Court

June 5, 2017

Case Watch: Venezuela v. Helmerich & Payne

On May 1, 2017, the U.S. Supreme Court issued its decision in Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., 581 U.S. ___ (2017). In an opinion authored by Justice Breyer, the Supreme Court determined that a […]

December 7, 2015

Case Watch: OBB Personenverkehr AG v. Sachs

On December 1, 2015, the Supreme Court issued its opinion in OBB Personenverkehr AG v. Sachs, 577 U.S. ___ (2015). Chief Justice Roberts delivered the opinion for the Court, which held that Ms. Sachs’ personal injury case was barred by […]

March 18, 2015

Article: Argentina v. NML Capital and Its Implications

A decision issued last year by the Supreme Court, Argentina v. NML Capital Ltd., 134 S. Ct. 2250 (2014), has major implications for foreign nations. Simplifying, the Supreme Court held that foreign state assets are not immune from post-judgment discovery. […]

January 26, 2015

Case Watch: OBB Personenverkehr v. Sachs

On Friday, January 23, 2015, the Supreme Court granted certiorari in OBB Personenverkehr v. Sachs, Case No. 13-1067. The case presents two questions regarding the first clause of the commercial activity exception of the Foreign Sovereign Immunities Act (“FSIA”), 28 […]

July 31, 2014

Case Watch: Doe v. Zedillo, Supreme Court Petition

On May 7, 2014, I wrote about the U.S. Court of Appeals for the Second Circuit’s decision in Doe v. Zedillo, in which the Second Circuit affirmed the district court’s dismissal of the complaint “with prejudice” (without leave to amend) […]

June 26, 2014

Case Watch: Republic of Argentina v. NML Capital

On June 16, 2014, the Supreme Court issued its decision in Argentina v. NML Capital, Ltd., Case No. 12-842, with Justice Scalia writing for the Court. It held that nothing in the Foreign Sovereign Immunities Act (“FSIA”) specifies different discovery […]

April 28, 2014

Case Watch: NML Capital Ltd. v. Argentina

On April 21, 2014, the Supreme Court heard oral argument in NML Capital Ltd. v. Argentina, Case No. 12-842. The question pending before the Court was the scope of post-judgment asset discovery permitted against a foreign state. In the first […]

April 2, 2014

Case Watch: BG Group PLC v. Argentina

Last year, I wrote a Case Watch on BG Group PLC v. Republic of Argentina, Case No. 12-138 (Sup. Ct.), an arbitration case then pending before the U.S. Supreme Court. I noted that the case was important to foreign states […]

January 20, 2014

Case Watch: NML Capital v. Argentina, Case No. 12-842

In NML Capital Ltd. v. Republic of Argentina, Case No. 12-842, Argentina petitioned the Supreme Court to decide the following question: Can post-judgment discovery in aid of enforcing a judgment against a foreign sovereign be ordered with respect to all […]

September 3, 2013

Case Watch: Republic of Argentina v. NML Capital Ltd.

On June 24, 2013, the Republic of Argentina filed a petition for a writ of certiorari before the U.S. Supreme Court. See Republic of Argentina v. NML Capital Ltd., Case No. 12-1494. Argentina is asking the Supreme Court to review […]

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