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ARGENTINA v. NML CAPITAL, LTD.

Docket No.: 12-842
Certiorari Granted: Jan 10 2014
Argued: April 21, 2014
Decided: June 16, 2014

Topics:

Civil Procedure, Federal Rules of Civil Procedure, Foreign Sovereign Immunities Act of 1976, immunity from suit, sovereign immunity

PartyNames: Republic of Argentina v. NML Capital, Ltd.
Petitioner: Republic of Argentina
Respondent: NML Capital, Ltd.

Court Below: United States Court of Appeals for the Second Circuit
Citation: 695 F.3d 201
Supreme Court Docket

Republic of Argentina
v.
NML Capital, Ltd.
Question Presented:

Sections 1609 and 1610(a) of the Foreign Sovereign Immunities Act of 1976 ("FSIA"), 28 U.S.C. ยง 1602 et seq., limit execution on property of a foreign state to "property ... in the United States ... used for a commercial activity in the United States." Whether post-judgment discovery in aid of enforcing a judgment against a foreign state can be ordered with respect to all assets of a foreign state regardless of their location or use, as held by the Second Circuit, or is limited to assets located in the United States that are potentially subject to execution under the FSIA, as held by the Seventh, Fifth, and Ninth Circuits.

ARGENTINA v. NML CAPITAL, LTD.
ORAL ARGUMENT

April 21, 2014

Listen to Oral Argument in ARGENTINA v. NML CAPITAL, LTD.
Holding: AFFIRMED (SS no part)
Vote: 7-1
Majority: Scalia, Roberts, Kennedy, Thomas, Breyer, Alito, Kagan
Dissenting: Ginsburg
Recused: Sotomayor
Opinion By:
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