No. 18-997

Oliver Williams, et al. v. The National Gallery, London, et al.

Lower Court: Second Circuit
Docketed: 2019-01-31
Status: Denied
Type: Paid
Response Waived
Tags: expropriation-exception foreign-sovereign-immunities-act international-law jurisdiction property-rights sovereign-immunity subject-matter-jurisdiction takings wrongful-possession
Latest Conference: 2019-03-15
Question Presented (from Petition)

Is a sovereign's, or its instrumentality's, refusal to return property wrongfully held a taking of rights in property in violation of international law affording subject matter jurisdiction under 28 U.S.C. § 1605(a)(3) in instances where the sovereign was not involved in the initial, physical taking of the property but is in alleged wrongful possession of the property and refuses—after demand—to return the property?

Question Presented (AI Summary)

Is a sovereign's, or its instrumentality's, refusal to return property wrongfully held a taking of rights in property in violation of international law affording subject matter jurisdiction under 28 U.S.C. § 1605(a)(3)

Docket Entries

2019-03-18
Petition DENIED.
2019-02-27
DISTRIBUTED for Conference of 3/15/2019.
2019-02-25
Waiver of right of respondents The United Kingdom of Great Britain and Northern Ireland to respond filed.
2019-02-14
Waiver of right of respondents The National Gallery of Art, London; The American Friends of the National Gallery, London, Inc. to respond filed.
2019-01-28
Petition for a writ of certiorari filed. (Response due March 4, 2019)

Attorneys

Oliver Williams, et al.
Andrew Lloyd TiajoloffTiajoloff & Kelly LLP, Petitioner
The National Gallery of Art, London; The American Friends of the National Gallery, London, Inc.
Sarah Erickson AndreNixon Peabody LLP, Respondent
The United Kingdom of Great Britain and Northern Ireland
Donald I BakerBaker & Miller PLLC, Respondent