No. 19-520

Alan Philipp, et al. v. Federal Republic of Germany, et al.

Lower Court: District of Columbia
Docketed: 2019-10-22
Status: Denied
Type: Paid
CVSGRelisted (3) Experienced Counsel
Tags: commercial-activity expropriation-exception foreign-state international-law property-rights commercial-activity expropriation expropriation-exception foreign-sovereign-immunities foreign-sovereign-immunity instrumentality international-law jurisdiction property-claims property-rights
Latest Conference: 2020-07-01 (distributed 3 times)
Question Presented (from Petition)

Is the Federal Republic of Germany ("Germany"),
a foreign state, subject to jurisdiction under the expropriation exception of the Foreign Sovereign Immunities Act of 1976 (28 U.S.C. § 1605(a)(3)) for claims to
property that was taken in violation of international
law because Germany's instrumentality (and possessor of the property at issue) Stiftung Preussischer Kulturbesitz ("SPK") is engaged in commercial activity in
the United States?

Question Presented (AI Summary)

Is the Federal Republic of Germany subject to jurisdiction under the expropriation exception of the Foreign Sovereign Immunities Act for claims to property taken in violation of international law because Germany's instrumentality Stiftung Preussischer Kulturbesitz is engaged in commercial activity in the United States?

Docket Entries

2020-07-02
Petition DENIED.
2020-06-29
DISTRIBUTED for Conference of 7/1/2020.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-01-21
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-30
Reply of petitioners Alan Philipp, et al. filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
2019-12-13
Brief of respondents Germany, et al. in opposition filed.
Main DocumentCertificate of Word CountProof of Service
2019-11-01
Motion to extend the time to file a response is granted and the time is extended to and including December 13, 2019.
2019-10-30
Motion to extend the time to file a response from November 21, 2019 to December 13, 2019, submitted to The Clerk.
Main Document
2019-10-18
Petition for a writ of certiorari filed. (Response due November 21, 2019)
PetitionAppendixProof of ServiceCertificate of Word Count

Attorneys

Alan Philipp, et al.
Nicholas Michael O'Donnell — Sullivan & Worcester LLP, Petitioner
Germany, et al.
Jonathan M. Freiman — Wiggin & Dana LLP, Respondent
United States
Noel J. Francisco — Solicitor General, Amicus