Supreme Court Grants Review in Three Transnational Litigation Cases

Today, the Supreme Court granted review in three transnational litigation cases and denied review in three others. Emma White has discussed each of the cases in greater detail.

In Turkiye Halk Bankasi A.S. v. United States, the Court will consider whether the Foreign Sovereign Immunities Act applies to criminal proceedings. Chimène Keitner has previously analyzed this question for TLB.

The two other grants are related cases and arose out of attempts to hold social media companies liable for terrorist attacks. Twitter, Inc. v. Taamneh asks how the Antiterrorism Act applies to social media companies, whereas Gonzalez v. Google LLC asks whether Section 230 of the Communications Decency Act immunizes social media platforms from such liability.

The Supreme Court also denied certiorari in three transnational litigation cases: Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd. (asking when courts can decline to apply U.S. antitrust law on grounds of international comity); Ukraine v. PAO Tatneft (asking whether the doctrine of forum non conveniens applies in actions to confirm foreign arbitral awards); and Deripaska v. Yellen (challenging the President’s authority to impose sanctions under the International Emergency Economic Powers Act).

In three additional cases, the Supreme Court has requested the views of the Solicitor General (SG). The SG has recommended that the Court grant cert in Abitron Austria GmbH v. Hetronic International, Inc. to consider the extraterritorial reach of the federal trademark statute known as the Lanham Act. She has recommended that the Court deny cert in Turkey v. Usoyan, a suit under the FSIA involving the use of force against protestors in Washington, D.C. She has yet to respond in NSO Group Technologies Limited v. WhatsApp Inc., a case asking whether corporations can claim immunity under federal common law when they act as agents of foreign governments. The Court will decide whether to grant or deny review later during its Term.