Supreme Court Update

Both of my “Cert. Pending” cases to watch are to be discussed at the Justices’ conference this Friday, April 12. And both have made SCOTUSBlog’s “petitions to watch” list, which means that in Tom Goldstein’s view, both “have a reasonable chance of being granted.” Under the Supreme Court’s ordinary practice, we can expect orders in both cases on April 15, though sometimes the Court defers a decision to a later date. So we can expect next week to be a big week in international judicial assistance at the high court, one way or another!

The two cases are:

I have said it before—I am not in the Supreme Court prediction business. So here are my predictions. I think the Court is somewhat likely to grant Argentina’s petition, because there is a true circuit split that needs resolving between the Second and Seventh Circuits and because the issue is not just academic in light of the Argentine bond litigation. I think the Court is unlikely to grant M&M’s petition, because I do not think there is a real split of authority and because I think their arguments are not too strong. But I have been wrong before, and the Court will do what it will do.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2012), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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