No. 23-237

Winfred Wairimu Wamai, Individually and on Behalf of the Estate of Adam Titus Wamai, et al. v. Industrial Bank of Korea

Lower Court: Second Circuit
Docketed: 2023-09-12
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2)
Tags: civil-procedure embassy-bombing foreign-sovereign-immunities-act forum-non-conveniens international-litigation judgment-enforcement separation-of-powers statutory-interpretation u.s.-resident-plaintiffs
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (from Petition)

1. Whether the choice of a U.S. forum by U.S.-resident
plaintiffs is entitled to "less deference" under the doctrine
of forum non conveniens , rather than the strong deference
ordinarily provided to a U.S. resident's choice of forum,
when the U.S. plaintiffs are joined by foreign co-plaintiffs
and all plaintiffs as judgment creditors seek to enforce
their U.S. judgments obtained pursuant to the Foreign
Sovereign Immunities Act.

2. Whether the Constitution's separation of powers
principle requires a federal court, in applying the doctrine
of forum non conveniens , to follow a strong presumption
in favor of the choice of forum by plaintiffs who seek to
enforce and satisfy their U.S. judgments pursuant to a
statutory remedy expressly provided them by Congress
in furtherance of its foreign affairs determinations and
authorities.

Question Presented (AI Summary)

Whether the choice of a U.S. forum by U.S.-resident plaintiffs is entitled to 'less deference' under the doctrine of forum non conveniens

Docket Entries

2024-01-08
Petition DENIED.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-20
2023-12-14
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2023-12-11
2023-11-09
2023-10-12
Motion to extend the time to file a response is granted and the time is extended to and including December 11, 2023.
2023-10-11
Motion to extend the time to file a response from November 9, 2023 to December 11, 2023, submitted to The Clerk.
2023-10-10
Response Requested. (Due November 9, 2023)
2023-09-27
DISTRIBUTED for Conference of 10/13/2023.
2023-09-26
Waiver of right of respondent Industrial Bank of Korea to respond filed.
2023-09-08
Petition for a writ of certiorari filed. (Response due October 12, 2023)
2023-06-01
Application (22A1041) granted by Justice Sotomayor extending the time to file until September 8, 2023.
2023-05-30
Application (22A1041) to extend the time to file a petition for a writ of certiorari from July 11, 2023 to September 8, 2023, submitted to Justice Sotomayor.

Attorneys

American Foreign Service Association
Tejinder SinghSparacino PLLC, Amicus
Industrial Bank of Korea
Joseph Russell PalmoreMorrison & Foerster LLP, Respondent
Wamai, et al.
Steven Robert PerlesPerles Law Firm, PC, Petitioner