Case: 19-351 GERMANY V. PHILIPP (2020-December-07)
QUESTION PRESENTED:
1. Whether the "expropriation exception" of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(3), which abrogates foreign sovereign immunity when "rights in property taken in violation of international law are in issue," provides jurisdiction over claims that a foreign sovereign has violated international human-rights law when taking property from its own national within its own borders, even though such claims do not implicate the established international law governing states' responsibility for takings of property.
2. Whether the doctrine of international comity is unavailable in cases against foreign sovereigns, even in cases of considerable historical and political significance to the foreign sovereign, and even where the foreign nation has a domestic framework for addressing the claims.
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DateProceedings and Orders
Jul 26 2019 | Application (19A118) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
Jul 30 2019 | Application (19A118) denied by The Chief Justice. The application is denied without prejudice to petitioners filing a new application after seeking relief in the district court.
Sep 16 2019 | Petition for a writ of certiorari filed. (Response due October 18, 2019)
Oct 17 2019 | Brief of respondents Alan Philipp, et al. in opposition filed.
Dec 27 2019 | Reply of petitioners Federal Republic of Germany, et al. filed. (Distributed)
Dec 30 2019 | DISTRIBUTED for Conference of 1/17/2020.
Jan 21 2020 | The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 26 2020 | Brief amicus curiae of United States filed. VIDED.
Jun 08 2020 | Supplemental brief of respondents Alan Philipp, et al. filed. VIDED. (Distributed)
Jun 09 2020 | DISTRIBUTED for Conference of 6/25/2020.
Jun 29 2020 | DISTRIBUTED for Conference of 7/1/2020.
Jul 02 2020 | Petition GRANTED.
Jul 29 2020 | Motion for an extension of time to file the briefs on the merits filed.
Jul 30 2020 | 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 September 4, 2020. The time to file respondents' brief on the merits is extended to and including October 22, 2020.
Jul 31 2020 | Blanket Consent filed by Respondent, Alan Philipp, et al.
Jul 31 2020 | Blanket Consent filed by Petitioner, Federal Republic of Germany, et al.
Sep 04 2020 | Joint appendix filed. (Statement of costs filed)
Sep 04 2020 | Brief of petitioners Federal Republic of Germany, et al. filed.
Sep 04 2020 | Proposal of petitioners to lodge materials under Rule 32.3 filed.
Sep 10 2020 | Brief amici curiae of Davis R. Robinson, et al. in support of neither party filed.
Sep 10 2020 | Brief amici curiae of Foreign International Law Scholars and Jurists filed.
Sep 11 2020 | Brief amicus curiae of United States filed.
Sep 11 2020 | Brief amici curiae of Professors Samuel Estreicher and Thomas H. Lee in support of neither party filed (also in 18-1447). VIDED.
Sep 11 2020 | Brief amicus curiae of Societe Nationale SNCF SA in support of neither party filed (also in 18-1447). VIDED
Sep 11 2020 | Brief amici curiae of Holocaust and Nuremberg Historians in support of neither part filed.
Sep 16 2020 | SET FOR ARGUMENT on Monday, December 7, 2020.
Oct 08 2020 | Record requested from the U.S.C.A. District of Columbia Circuit.
Oct 19 2020 | Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA), et al. filed.
Oct 19 2020 | Record received from the U.S.C.A. D.C. Circuit is electronic and located on PACER.
Oct 22 2020 | Brief of respondents Alan Philipp, et al. filed. (Distributed)
Oct 22 2020 | Proposal of Respondents to lodge materials under Rule 32.3 filed.
Oct 27 2020 | CIRCULATED
Oct 27 2020 | Brief amici curiae of Florida Holocaust Museum, et al. filed. (Distributed)
Oct 28 2020 | Brief amici curiae of The 1939 Society, et al. filed (also in 18-1447) filed. VIDED. (Distributed)
Oct 28 2020 | Brief amicus curiae of The Holocaust Art Restitution Project, Inc. filed. (Distributed)
Oct 29 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 29 2020 | Brief amici curiae of Members of the United States House of Representatives filed (also in 18-1447). VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of Professor William S. Dodge and Professor Maggie Gardner filed (also in 18-1447). VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of The World Jewish Congress, Commission for Art Recovery, and Ambassador Ronald S. Lauder filed (also in 18-1447). VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of American Association of Jewish Lawyers and Jurists and other advocates for Holocaust restitution filed. (Distributed)
Oct 29 2020 | Brief amici curiae of Holocaust Survivors Foundation, USA, Inc., et al. (also in 19-351) filed. VIDED. (Distributed)
Oct 29 2020 | Brief amicus curiae of Peter Toren filed. (Distributed)
Oct 29 2020 | Proposal of amici curiae the World Jewish Congress, Commission for Art Recovery, and Ambassador Ronald S. Lauder to lodge materials under Rule 32.3 filed.
Nov 09 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 23 2020 | Reply of petitioners Federal Republic of Germany, et al. filed. (Distributed)
Dec 07 2020 | Argued. For petitioners: Jonathan M. Freiman, New Haven, Conn.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Nicholas M. O'Donnell, Boston, Mass.
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1. Whether the "expropriation exception" of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(3), which abrogates foreign sovereign immunity when "rights in property taken in violation of international law are in issue," provides jurisdiction over claims that a foreign sovereign has violated international human-rights law when taking property from its own national within its own borders, even though such claims do not implicate the established international law governing states' responsibility for takings of property.
2. Whether the doctrine of international comity is unavailable in cases against foreign sovereigns, even in cases of considerable historical and political significance to the foreign sovereign, and even where the foreign nation has a domestic framework for addressing the claims.
SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt
DateProceedings and Orders
Jul 26 2019 | Application (19A118) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
Jul 30 2019 | Application (19A118) denied by The Chief Justice. The application is denied without prejudice to petitioners filing a new application after seeking relief in the district court.
Sep 16 2019 | Petition for a writ of certiorari filed. (Response due October 18, 2019)
Oct 17 2019 | Brief of respondents Alan Philipp, et al. in opposition filed.
Dec 27 2019 | Reply of petitioners Federal Republic of Germany, et al. filed. (Distributed)
Dec 30 2019 | DISTRIBUTED for Conference of 1/17/2020.
Jan 21 2020 | The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 26 2020 | Brief amicus curiae of United States filed. VIDED.
Jun 08 2020 | Supplemental brief of respondents Alan Philipp, et al. filed. VIDED. (Distributed)
Jun 09 2020 | DISTRIBUTED for Conference of 6/25/2020.
Jun 29 2020 | DISTRIBUTED for Conference of 7/1/2020.
Jul 02 2020 | Petition GRANTED.
Jul 29 2020 | Motion for an extension of time to file the briefs on the merits filed.
Jul 30 2020 | 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 September 4, 2020. The time to file respondents' brief on the merits is extended to and including October 22, 2020.
Jul 31 2020 | Blanket Consent filed by Respondent, Alan Philipp, et al.
Jul 31 2020 | Blanket Consent filed by Petitioner, Federal Republic of Germany, et al.
Sep 04 2020 | Joint appendix filed. (Statement of costs filed)
Sep 04 2020 | Brief of petitioners Federal Republic of Germany, et al. filed.
Sep 04 2020 | Proposal of petitioners to lodge materials under Rule 32.3 filed.
Sep 10 2020 | Brief amici curiae of Davis R. Robinson, et al. in support of neither party filed.
Sep 10 2020 | Brief amici curiae of Foreign International Law Scholars and Jurists filed.
Sep 11 2020 | Brief amicus curiae of United States filed.
Sep 11 2020 | Brief amici curiae of Professors Samuel Estreicher and Thomas H. Lee in support of neither party filed (also in 18-1447). VIDED.
Sep 11 2020 | Brief amicus curiae of Societe Nationale SNCF SA in support of neither party filed (also in 18-1447). VIDED
Sep 11 2020 | Brief amici curiae of Holocaust and Nuremberg Historians in support of neither part filed.
Sep 16 2020 | SET FOR ARGUMENT on Monday, December 7, 2020.
Oct 08 2020 | Record requested from the U.S.C.A. District of Columbia Circuit.
Oct 19 2020 | Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA), et al. filed.
Oct 19 2020 | Record received from the U.S.C.A. D.C. Circuit is electronic and located on PACER.
Oct 22 2020 | Brief of respondents Alan Philipp, et al. filed. (Distributed)
Oct 22 2020 | Proposal of Respondents to lodge materials under Rule 32.3 filed.
Oct 27 2020 | CIRCULATED
Oct 27 2020 | Brief amici curiae of Florida Holocaust Museum, et al. filed. (Distributed)
Oct 28 2020 | Brief amici curiae of The 1939 Society, et al. filed (also in 18-1447) filed. VIDED. (Distributed)
Oct 28 2020 | Brief amicus curiae of The Holocaust Art Restitution Project, Inc. filed. (Distributed)
Oct 29 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 29 2020 | Brief amici curiae of Members of the United States House of Representatives filed (also in 18-1447). VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of Professor William S. Dodge and Professor Maggie Gardner filed (also in 18-1447). VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of The World Jewish Congress, Commission for Art Recovery, and Ambassador Ronald S. Lauder filed (also in 18-1447). VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of American Association of Jewish Lawyers and Jurists and other advocates for Holocaust restitution filed. (Distributed)
Oct 29 2020 | Brief amici curiae of Holocaust Survivors Foundation, USA, Inc., et al. (also in 19-351) filed. VIDED. (Distributed)
Oct 29 2020 | Brief amicus curiae of Peter Toren filed. (Distributed)
Oct 29 2020 | Proposal of amici curiae the World Jewish Congress, Commission for Art Recovery, and Ambassador Ronald S. Lauder to lodge materials under Rule 32.3 filed.
Nov 09 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 23 2020 | Reply of petitioners Federal Republic of Germany, et al. filed. (Distributed)
Dec 07 2020 | Argued. For petitioners: Jonathan M. Freiman, New Haven, Conn.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Nicholas M. O'Donnell, Boston, Mass.
