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Opinion Summary: Hungary v. Simon | Date Decided: 2/21/25 | Case No. 23-867
Case Info: Hungary v. Simon | Date Decided: 2/21/25 | Case No. 23-867
Link to Docket: Here.
Questions Presented:
- Whether historical commingling of assets suffices to establish that proceeds of seized property have a commercial nexus with the United States under the expropriation exception to the Foreign Sovereign Immunities Act.
- Whether a plaintiff must make out a valid claim that an exception to the Foreign Sovereign Immunities Act applies at the pleading stage, rather than merely raising a plausible inference.
- Whether a sovereign defendant bears the burden of producing evidence to affirmatively disprove that the proceeds of property taken in violation of international law have a commercial nexus with the United States under the expropriation exception to the Foreign Sovereign Immunities Act.
Holding: Alleging commingling of funds alone cannot satisfy the commercial nexus requirement of the FSIA’s expropriation exception.
Result: Vacated and remanded.
Voting Breakdown: Justice Sotomayor delivered the opinion for a unanimous Court.
Link to Opinion: Here.
Oral Advocates:
- For petitioners: Joshua S. Glasgow, Buffalo, N. Y.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
- For respondents: Shay Dvoretzky, Washington, D. C.
Website Link to Oral Argument: Here.
Apple Podcast Link to Oral Argument: Here.
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By SCOTUS Oral ArgumentsCase Info: Hungary v. Simon | Date Decided: 2/21/25 | Case No. 23-867
Link to Docket: Here.
Questions Presented:
- Whether historical commingling of assets suffices to establish that proceeds of seized property have a commercial nexus with the United States under the expropriation exception to the Foreign Sovereign Immunities Act.
- Whether a plaintiff must make out a valid claim that an exception to the Foreign Sovereign Immunities Act applies at the pleading stage, rather than merely raising a plausible inference.
- Whether a sovereign defendant bears the burden of producing evidence to affirmatively disprove that the proceeds of property taken in violation of international law have a commercial nexus with the United States under the expropriation exception to the Foreign Sovereign Immunities Act.
Holding: Alleging commingling of funds alone cannot satisfy the commercial nexus requirement of the FSIA’s expropriation exception.
Result: Vacated and remanded.
Voting Breakdown: Justice Sotomayor delivered the opinion for a unanimous Court.
Link to Opinion: Here.
Oral Advocates:
- For petitioners: Joshua S. Glasgow, Buffalo, N. Y.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
- For respondents: Shay Dvoretzky, Washington, D. C.
Website Link to Oral Argument: Here.
Apple Podcast Link to Oral Argument: Here.