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Supreme Court grants certiorari to Foreign Sovereign Immunities Act, Alien Tort Statute, impeachment trials cases
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Supreme Court grants certiorari to Foreign Sovereign Immunities Act, Alien Tort Statute, impeachment trials cases

The US Supreme Court on Thursday released orders from Wednesday’s conference, in which the court granted certiorari to five cases. Two cases were consolidated, to allow for four hours total of oral arguments.

In Republic of Hungary v. Simon, former Hungarian nationals sued Hungary to recover the value of property lost during World War II. The issue to be resolved by the court is whether, under the Foreign Sovereign Immunities Act, a district court may decide not to exercise jurisdiction because of international comity.

In Federal Republic of Germany v. Philipp, the court will decide whether the “expropriation exception” of the Foreign Sovereign Immunities Act provides jurisdiction over claims that a foreign sovereign has violated international human-rights law when it takes property in its own borders. The court will also decide whether international comity is available in cases against foreign sovereigns.

The cases of Nestlé USA, Inc. v. Doe I and Cargill, Inc. v. Doe I were consolidated. Both present the question of whether domestic corporations are subject to liability in private actions under the Alien Tort Statute. Finally, in Department of Justice v. House Committee on the Judiciary, the court will decide whether an impeachment trial held before a legislative body is a “judicial proceeding” under the Federal Rules of Criminal Procedure. 

The cases were granted a total of four hours of oral argument, and they will be heard next term.