Crystallex Int'l Corp. v. Bolivarian Rep. Venez. (3D Cir.)

2021 ◽  
pp. 1-21
Author(s):  
Kevin D. Benish
Keyword(s):  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Decision To Leave ◽  
Court Of Appeals ◽  
The Third ◽  
To Come ◽  
Alter Ego ◽  
Oil Company ◽  
The U.S

On May 18, 2020, the United States Supreme Court denied a request by the Bolivarian Republic of Venezuela and its state-owned oil company, Petróleos de Venezuela, S.A. (PDVSA), to review the merits of Crystallex Int'l Corp. v. Bolivarian Republic of Venezuela, a decision by the U.S. Court of Appeals for the Third Circuit. In Crystallex, the Third Circuit affirmed a trial court's determination that PDVSA is the “alter ego” of Venezuela itself, thus permitting Crystallex to enforce a $1.4 billion judgment against Venezuela by attaching property held in PDVSA's name. Given the Supreme Court's decision to leave the Third Circuit's opinion undisturbed, Crystallex is a significant decision that may affect parties involved in transnational litigation for years to come—especially those pursuing or defending against U.S. enforcement proceedings involving the property of foreign states.

Organized Interests and Agenda Setting in the U.S. Supreme Court

1988 ◽  
Vol 82 (4) ◽  
pp. 1109-1127 ◽  
Author(s):  
Gregory A. Caldeira ◽  
John R. Wright
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Amicus Curiae ◽  
Organized Interests ◽  
Using Data ◽  
The U.S ◽  
Selection Of

Participation as amicus curiae has long been an important tactic of organized interests in litigation before the U.S. Supreme Court. We analyze amicus curiae briefs filed before the decision on certiorari and assess their impact on the Court's selection of a plenary docket. We hypothesize that one or more briefs advocating or opposing certiorari increase the likelihood of its being granted. We test this hypothesis using data from the United States Reports and Briefs and Records of the United States Supreme Court for the 1982 term. The statistical analysis demonstrates that the presence of amicus curiae briefs filed prior to the decision on certiorari significantly and positively increases the chances of the justices' binding of a case over for full treatment—even after we take into account the full array of variables other scholars have hypothesized or shown to be substantial influences on the decision to grant or deny.

The Doctrine of Res Judicata in Naturalization Cases in the United States

1929 ◽  
Vol 23 (1) ◽  
pp. 50-55 ◽  
Author(s):  
Henry B. Hazard
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Of America ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Circuit Court ◽  
Court Of Appeals ◽  
Res Judicata ◽  
The Subject

With nationality problems continuing to occupy a prominent place in both international and municipal practice, expressions of opinion of our highest tribunal upon the subject are received with peculiar interest. This is particularly true where the rule announced is one which governs the validity of naturalization judgments. In a recent sweeping naturalization decision which upholds the government’s views at every point, the United States Supreme Court has again stressed the rule that when doubt exists concerning a grant of citizenship, the statutes must be strictly construed in favor of the United States and against the alien. On October 22, 1928, the court handed down its opinion in the case of Anna Marie Maney, Petitioner, v. The United States of America, in which it affirmed, on writ of certiorari, the judgment of the United States Circuit Court of Appeals for the Seventh Circuit. The latter court had directed the cancellation of the applicant’s certificate of naturalization as having been “illegally procured” because of her failure to file, at the prescribed time and in the required manner, the certificate of her arrival in the United States.

scholarly journals It’s Not So Obvious

2014 ◽  
Vol 1 (3) ◽  
pp. 729-750
Author(s):  
Samuel Reger
Keyword(s):  
United States ◽  
Supreme Court ◽  
Subject Matter ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Patent Claim ◽  
Specific Approach ◽  
Court Of Appeals ◽  
Federal Circuit

Currently, the United States Supreme Court requires a fact-specific approach to determine whether a patent claim is eligible subject matter under 35 U.S.C. § 101, even though, traditionally, this has been considered a question of law. However, recently, the United States Court of Appeals for the Federal Circuit introduced the “manifestly evident” standard. The court held that when it is not manifestly evident that a claim is directed to a patent-ineligible abstract idea, then that claim must be deemed patent-eligible subject matter. This Comment suggests that the manifestly evident standard, or one similar to it, will reduce litigation costs. This is because, under the current fact-specific requirements, it may become commonplace for courts to engage in formal claim construction, a costly pre-trial process, to decide whether these requirements are met. But under the manifestly evident standard, courts and litigants will be able to quickly move past the often confusing section 101 to the later sections of the Patent Act, which courts are better prepared to confront.

From ’48 to ’68

2020 ◽  
Vol 1 (2) ◽  
pp. 242-256
Author(s):  
Piero A. Tozzi
Keyword(s):  
Local Governments ◽  
United States Supreme Court ◽  
The United States ◽  
Fourteenth Amendment ◽  
Constitutional Amendment ◽  
Special Treatment ◽  
United States Supreme ◽  
Minority Class ◽  
Equal Protection Clause ◽  
The U.S

In the 1996 case Romer V. Evans, the United States Supreme Court struck down a Colorado state constitutional amendment that had prohibited municipalities and local governments within the state from enacting ordinances grant- ing special treatment to“homosexual persons.”The Court deemed the initiative to have been driven by “animus” toward an identifiable minority class, i.e., those characterized as having or engaging in “homosexual, lesbian, bisexual orientation, conduct, practices or relationships,” and thus ran afoul of the Equal Protection Clause found in the Fourteenth Amendment to the U.S. Constitution.

Marketing and the United States Supreme Court, 1975–1981

1982 ◽  
Vol 46 (2) ◽  
pp. 73-81
Author(s):  
Ray O. Werner
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Enterprise System ◽  
Legal Environment ◽  
The Past ◽  
Marketing Operations ◽  
The U.S

The U.S. Supreme Court conditions the legal environment of marketing, and over the past six years, its decisions have both limited and expanded the constraints on marketers. Constraints have been imposed on marketing operations, particularly pricing and channels of distribution, on marketing organizations, and on the relevant regulatory procedures. Indications are that future changes may be imminent, particularly in allowing greater marketing autonomy within a private enterprise system.

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