No. 23-140

Bolivarian Republic of Venezuela, et al. v. OI European Group B.V., et al.

Lower Court: Third Circuit
Docketed: 2023-08-16
Status: Denied
Type: Paid
Response RequestedRelisted (2) Experienced Counsel
Tags: alter-ego alter-ego-doctrine derecognition executive-authority executive-recognition foreign-relations foreign-sovereign-immunities-act pdvsa property-attachment state-instrumentality
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (from Petition)

1. Whether a court may assess the FSIA immunity of a "foreign state" and its instrumentalities from jurisdiction, and the immunity of their property from attachment, by relying on the actions of an illegitimate government that has been derecognized by the Executive Branch, where the Executive has chosen to recognize a different government of the state.

2. Whether a finding that a presumptively independent state instrumentality should be treated as the alter ego of the foreign state may be based on nothing more than the ordinary incidents of government supervision that are common to most state instrumentalities, rather than on extraordinary day-to-day control.

Question Presented (AI Summary)

Whether a court may assess the FSIA immunity of a 'foreign state' and its instrumentalities from jurisdiction, and the immunity of their property from attachment, by relying on the actions of an illegitimate government that has been derecognized by the Executive Branch, where the Executive has chosen to recognize a different government of the state

Docket Entries

2024-01-08
Petition DENIED.
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-11-28
Reply of petitioners Bolivarian Republic of Venezuela, et al. filed. (Distributed)
2023-11-09
Brief of respondent OI European Group B.V., et al. in opposition filed.
2023-10-10
Response Requested. (Due November 9, 2023)
2023-09-27
DISTRIBUTED for Conference of 10/13/2023.
2023-08-17
Letter from counsel for petitioner submitted.
2023-08-14
Petition for a writ of certiorari filed. (Response due September 15, 2023)

Attorneys

ACL1 Investments Ltd., et al.
Joshua Sean BolianRiley & Jacobson, PLC, Respondent
Bolivarian Republic of Venezuela, et al.
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Petitioner
Gold Reserve Inc.
Matthew P. WardWomble Bond Dickson (US) LLP, Respondent
Northrop Grumman Ship Systems, Inc., f/k/a Ingalls Shipbuilding Inc., et al.
Alexander A. YanosAlston & Bird LLP, Respondent
OI European Group B.V.
David B. SalmonsMorgan, Lewis & Bockius LLP, Respondent
Petróleos de Venezuela, S.A.
Joseph D. PizzurroCurtis, Mallet-Prevost, Colt & Mosle LLP, Petitioner
Rusoro Mining Ltd.
R. Craig MartinDLA Piper LLP (US), Respondent