No. 18-716

Petróleo Brasileiro S.A. v. EIG Energy Fund XIV, L.P., et al.

Lower Court: District of Columbia
Docketed: 2018-12-04
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: circuit-split conflict-among-circuits conflict-with-other-courts direct-effect foreign-sovereign-immunities-act international-corporate-structure international-investment investment-fund investment-loss judicial-restructuring jurisdictional-challenge overseas-conduct sovereign-instrumentality subject-matter-jurisdiction
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-03-15 (distributed 2 times)
Question Presented (AI Summary)

Whether the D.C. Circuit correctly held that there is a 'direct effect' in the United States under the Foreign Sovereign Immunities Act when the plaintiffs' alleged loss flowed through three foreign companies and two countries before being booked in the United States

Question Presented (OCR Extract)

QUESTIONS PRESENTED Respondents invested in a Luxembourgian subsidiary, which invested in another Luxembourgian subsidiary, which invested in a Brazilian corporation, which invested in a Brazilian investment fund. Respondents allege that Petitioner, a sovereign instrumentality of Brazil, defrauded them by inducing them to invest. They further allege that their investment in their Luxembourgian subsidiaries became less valuable when the Brazilian investment fund sought judicial restructuring protections. The questions presented are: 1. Whether the D.C. Circuit, in conflict with three other courts of appeals, correctly held that there is a “direct effect” in the United States under the Foreign Sovereign Immunities Act when the plaintiffs alleged loss flowed through three foreign companies and two countries before being booked in the United States. 2. Whether the D.C. Circuit, in conflict with four other courts of appeals, correctly held that there is a “direct effect” in the United States under the Foreign Sovereign Immunities Act when the legally significant act causing the effect occurred overseas. (i)

Docket Entries

2019-03-18
Petition DENIED.
2019-02-20
DISTRIBUTED for Conference of 3/15/2019.
2019-02-19
Reply of petitioner Petróleo Brasileiro S.A. filed.
2019-02-04
Brief of respondents EIG Energy Fund, XIV, L.P., et al. in opposition filed.
2019-01-04
Response Requested. (Due February 4, 2019)
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-10
Waiver of right of respondents EIG Energy Fund, XIV, L.P., et al. to respond filed.
2018-12-03
Petition for a writ of certiorari filed. (Response due January 3, 2019)

Attorneys

EIG Energy Fund, XIV, L.P., et al.
Daniel Bruce GoldmanKramer Levin Naftalis & Frankel, LLP, Respondent
Barry CoburnCoburn & Greenbaum PLLC, Respondent
Petróleo Brasileiro S.A.
Catherine Emily StetsonHogan Lovells US LLP, Petitioner