No. 24-668

Republic of Argentina v. Attestor Master Value Fund LP, et al.

Lower Court: Second Circuit
Docketed: 2024-12-19
Status: Denied
Type: Paid
Experienced Counsel
Tags: commercial-activity federal-standard foreign-sovereign-immunities-act jurisdictional-immunity property-execution state-law
Key Terms:
FirstAmendment Securities JusticiabilityDoctri Jurisdiction
Latest Conference: 2025-01-24
Question Presented (AI Summary)

Whether courts should apply state or federal law to determine property location for foreign sovereign immunity under the FSIA, and whether property connected to U.S. commercial transactions is subject to execution

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Whether, when evaluating if property of a foreign sovereign is immune from execution under the Foreign Sovereign Immunities Act of 1976 (““FSIA”), courts should apply state law to determine the location of the property, as held by the Second and Ninth Circuits, or a uniform federal standard, as held by the Fifth Circuit? (2) Whether property of a foreign sovereign was “used for commercial activity in the United States” as contemplated by Section 1610 of the FSIA if the property is only connected to a broader transaction that includes U.S. components? (3) Whether property of a foreign sovereign is subject to execution under Section 1610 of the FSIA if the only commercial use in the United States is aberrational or hypothetical?

Docket Entries

2025-01-27
Petition DENIED.
2025-01-08
DISTRIBUTED for Conference of 1/24/2025.
2025-01-06
Reply of The Republic of Argentina submitted.
2025-01-06
Reply of petitioner The Republic of Argentina filed. (Distributed)
2025-01-06
2024-12-20
Brief of Attestor Master Value Fund LP, Trinity Investments Limited, Bybrook Capital Master Fund LP, Bybrook Capital Hazelton Master Fund LP, White Hawthorne, LLC, White Hawthorne II, LLC, Bison Bee LLC in opposition submitted.
2024-12-20
Brief of respondents Attestor Master Value Fund LP, et al. in opposition filed.
2024-12-11
Petition for a writ of certiorari filed. (Response due January 21, 2025)

Attorneys

Attestor Master Value Fund LP, Trinity Investments Limited, Bybrook Capital Master Fund LP, Bybrook Capital Hazelton Master Fund LP, White Hawthorne, LLC, White Hawthorne II, LLC, Bison Bee LLC
John Franklin BashQuinn Emanuel Urquhart & Sullivan, LLP, Respondent
The Republic of Argentina
Carmine D. Boccuzzi Jr.Cleary Gottlieb Steen & Hamilton LLP, Petitioner