PENDING CASES

Republic of Hungary v. Simon

The Court will consider three questions regarding the Foreign Sovereign Immunities Act’s (FSIA) expropriation exception. The plaintiffs, who are Holocaust survivors, allege that Hungary expropriated their property, commingled the proceeds with other government funds, and ultimately used those funds to pay holders of government bonds in the United States.

PETITIONS TO WATCH

Fuld v. Palestinian Liberation Organization

The petition asks whether the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA) violates the Fifth Amendment's Due Process Clause by declaring that the PLO has consented to personal jurisdiction based on specified conduct.

Prior Terms

Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC (2024)

The Court held that choice-of-law provisions in maritime contracts are presumptively enforceable as a matter of federal maritime law. It further held that while there are narrow exceptions to this rule, state public policy is not one of them.

Abitron Austria GmbH v. Hetronic International Inc. (2023)

The Court held that the Lanham Act (the federal trademark statute) does not apply extraterritorially and that a domestic application of the statute requires use of the trademark in domestic commerce. Regarding the presumption against extraterritoriality more broadly, the majority emphasized that conduct related to a non-extraterritorial statute's focus must occur in the United States, even if the focus itself is not about conduct.

Mallory v. Norfolk Southern Railway (2023)

The Court held that Pennsylvania's registration statute, which requires non-Pennsylvania companies registering to do business within the state to accept general personal jurisdiction in Pennsylvania courts, does not violate the Due Process Clause of the Fourteenth Amendment. The decision provides states with an option for establishing broader personal jurisdiction over foreign businesses.

Yegiazaryan v. Smagin (2023)

The Court held that racketeering activity to avoid paying a U.S. judgment confirming a foreign arbitration award against a U.S. resident constituted a domestic injury for purposes of RICO's private right of action, even though the judgment creditor lives in Russia and both parties are Russian nationals. The Court declined to state a bright-line rule for locating injuries to intangible property, instead emphasizing the need for a "contextual approach."

Twitter, Inc. v. Taamneh (2023)

The Court held that the plaintiffs' allegations that a social media site had aided and abetted ISIS in terrorist attacks abroad failed to state a claim under the Justice Against Sponsors of Terrorism Act.

Turkiye Halk Bankasi A.S. v. United States (2023)

The Court held that the Foreign Sovereign Immunities Act (FSIA) does not apply to criminal cases and remanded for consideration of the applicability of common law immunities.

ZF Automotive v. Luxshare (2022)

The Supreme Court held that, although 28 U.S.C. § 1782(a) permits a district court to order discovery "for use in a proceeding in a foreign or international tribunal,” only a governmental or intergovernmental adjudicative body may qualify as such a tribunal, and the arbitration panels in these cases were not such adjudicative bodies.

Cassirer v. Thyssen-Bornemisza Collection Foundation (2022)

The Supreme Court held that In a suit raising non-federal claims against a foreign state or instrumentality under the Foreign Sovereign Immunities Act, a court should determine the substantive law by using the same choice-of-law rule applicable in a similar suit against a private party.