Case: 18-1447 HUNGARY V. SIMON (2020-December-07)
QUESTION PRESENTED:
1. May the district court abstain from exercising jurisdiction under the Foreign Sovereign Immunities Act for reasons of international comity, where former Hungarian nationals have sued the nation of Hungary to recover the value of property lost in Hungary during World War II, and where the plaintiffs made no attempt to exhaust local Hungarian remedies?
2. In a forum non conveniens analysis, (a) is the district court required to defer to plaintiffs' choice of a U.S. forum where the case's sole connection to the United States is that some named plaintiffs (representing a putative worldwide class) became naturalized citizens after the time relevant to the complaint; and (b) is the district court permitted to defer to a foreign sovereign defendant's comity interest in hosting claims in its own courts, where plaintiffs allege the sovereign defendant harmed its own nationals on its own soil and plaintiffs have not exhausted local remedies?
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DateProceedings and Orders
May 16 2019 | Petition for a writ of certiorari filed. (Response due June 19, 2019)
Jun 03 2019 | Motion to extend the time to file a response from June 19, 2019 to July 23, 2019, submitted to The Clerk.
Jun 07 2019 | Motion to extend the time to file a response is granted and the time is extended to and including July 23, 2019.
Jul 23 2019 | Brief of respondents Simon, Rosalie, et al. in opposition filed.
Aug 06 2019 | Reply of petitioners Republic of Hungary, et al. filed.
Aug 07 2019 | DISTRIBUTED for Conference of 10/1/2019.
Sep 19 2019 | Rescheduled.
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.
Jun 08 2020 | Supplemental brief of respondents Simon, Rosalie, et al. filed. (Distributed)
Jun 08 2020 | Supplemental brief of petitioners Republic of Hungary, et al. filed. (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 limited to Question 1 presented by the petition.
Jul 28 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 30 2020 | Blanket Consent filed by Respondent, Simon, Rosalie, et al.
Aug 04 2020 | Blanket Consent filed by Petitioner, Republic of Hungary, et al.
Sep 04 2020 | Joint appendix filed. (Statement of costs filed)
Sep 04 2020 | Brief of petitioners Republic of Hungary, et al. 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 19-351). VIDED
Sep 11 2020 | Brief amicus curiae of Societe Nationale SNCF SA in support of neither party filed (also in 19-351). VIDED.
Sep 11 2020 | Proposal of petitioners to lodge non-record materials pursuant to Sup. Ct. R. 32.3 filed.
Sep 11 2020 | Motion of Davis R. Robinson, Abraham D. Sofaer, David P. Stewart, and Edwin Williamson to Consider Brief of Amici Curiae Filed By Movants in Germany v. Phillip, No. 19-351 as an Amici Curiae Brief in This Case filed by Davis R. Robinson, et al.
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 | Record received from the U.S.C.A. D.C. Circuit is electronic and located on PACER, some of the record has been electronically filed.
Oct 22 2020 | Brief of respondents filed.
Oct 27 2020 | CIRCULATED
Oct 27 2020 | Brief amicus curiae of Former State Department Attorney Mark B. Feldman filed. (Distributed)
Oct 28 2020 | Brief amici curiae of The 1939 Society, et al. filed (also in 19-351). VIDED. (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 19-351). VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of Professor William S. Dodge and Professor Maggie Gardner filed (also in 19-351). 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 19-351) VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of American Association of Jewish Lawyers and Jurists and other adovcates for Holocaust restitution filed. (Distributed)
Oct 29 2020 | Brief amici curiae of Victims of the Hungarian Holocaust filed. (Distributed)
Oct 29 2020 | Brief amici curiae of Raoul Wallenberg Centre for Human Rights and Professor Irwin Cotler 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 | 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 Republic of Hungary, et al. filed. (Distributed)
Dec 07 2020 | Argued. For petitioners: Gregory Silbert, New York, N. Y.; and Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Sarah E. Harrington, Bethesda, Md.
1. May the district court abstain from exercising jurisdiction under the Foreign Sovereign Immunities Act for reasons of international comity, where former Hungarian nationals have sued the nation of Hungary to recover the value of property lost in Hungary during World War II, and where the plaintiffs made no attempt to exhaust local Hungarian remedies?
2. In a forum non conveniens analysis, (a) is the district court required to defer to plaintiffs' choice of a U.S. forum where the case's sole connection to the United States is that some named plaintiffs (representing a putative worldwide class) became naturalized citizens after the time relevant to the complaint; and (b) is the district court permitted to defer to a foreign sovereign defendant's comity interest in hosting claims in its own courts, where plaintiffs allege the sovereign defendant harmed its own nationals on its own soil and plaintiffs have not exhausted local remedies?
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DateProceedings and Orders
May 16 2019 | Petition for a writ of certiorari filed. (Response due June 19, 2019)
Jun 03 2019 | Motion to extend the time to file a response from June 19, 2019 to July 23, 2019, submitted to The Clerk.
Jun 07 2019 | Motion to extend the time to file a response is granted and the time is extended to and including July 23, 2019.
Jul 23 2019 | Brief of respondents Simon, Rosalie, et al. in opposition filed.
Aug 06 2019 | Reply of petitioners Republic of Hungary, et al. filed.
Aug 07 2019 | DISTRIBUTED for Conference of 10/1/2019.
Sep 19 2019 | Rescheduled.
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.
Jun 08 2020 | Supplemental brief of respondents Simon, Rosalie, et al. filed. (Distributed)
Jun 08 2020 | Supplemental brief of petitioners Republic of Hungary, et al. filed. (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 limited to Question 1 presented by the petition.
Jul 28 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 30 2020 | Blanket Consent filed by Respondent, Simon, Rosalie, et al.
Aug 04 2020 | Blanket Consent filed by Petitioner, Republic of Hungary, et al.
Sep 04 2020 | Joint appendix filed. (Statement of costs filed)
Sep 04 2020 | Brief of petitioners Republic of Hungary, et al. 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 19-351). VIDED
Sep 11 2020 | Brief amicus curiae of Societe Nationale SNCF SA in support of neither party filed (also in 19-351). VIDED.
Sep 11 2020 | Proposal of petitioners to lodge non-record materials pursuant to Sup. Ct. R. 32.3 filed.
Sep 11 2020 | Motion of Davis R. Robinson, Abraham D. Sofaer, David P. Stewart, and Edwin Williamson to Consider Brief of Amici Curiae Filed By Movants in Germany v. Phillip, No. 19-351 as an Amici Curiae Brief in This Case filed by Davis R. Robinson, et al.
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 | Record received from the U.S.C.A. D.C. Circuit is electronic and located on PACER, some of the record has been electronically filed.
Oct 22 2020 | Brief of respondents filed.
Oct 27 2020 | CIRCULATED
Oct 27 2020 | Brief amicus curiae of Former State Department Attorney Mark B. Feldman filed. (Distributed)
Oct 28 2020 | Brief amici curiae of The 1939 Society, et al. filed (also in 19-351). VIDED. (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 19-351). VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of Professor William S. Dodge and Professor Maggie Gardner filed (also in 19-351). 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 19-351) VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of American Association of Jewish Lawyers and Jurists and other adovcates for Holocaust restitution filed. (Distributed)
Oct 29 2020 | Brief amici curiae of Victims of the Hungarian Holocaust filed. (Distributed)
Oct 29 2020 | Brief amici curiae of Raoul Wallenberg Centre for Human Rights and Professor Irwin Cotler 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 | 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 Republic of Hungary, et al. filed. (Distributed)
Dec 07 2020 | Argued. For petitioners: Gregory Silbert, New York, N. Y.; and Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Sarah E. Harrington, Bethesda, Md.
