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Republic of Hungary v. Simon
Wikipedia · Justia · Docket · oyez.org
Argued on Dec 3, 2024.
Petitioner: Republic of Hungary.Respondent: Rosalie Simon.
Facts of the case (from oyez.org)
This case arises from the Hungarian government’s confiscation of Jewish-owned property during the Holocaust. In 1944, Hungary rapidly exterminated over half a million Jews and seized their property. Fourteen Holocaust survivors sued Hungary and its agency, Magyar Államvasutak Zrt., seeking compensation for this seized property. To overcome Hungary’s sovereign immunity, the plaintiffs invoked the Foreign Sovereign Immunities Act’s expropriation exception, asserting they were either stateless or Czechoslovakian nationals at the time of the takings, not Hungarian nationals. This claim was made in response to the Supreme Court’s recent ruling in Fed. Republic of Germany v. Philipp that a country’s taking of property from its own nationals is generally excluded from the FSIA’s expropriation exception.
The case has a complex litigation history, with multiple appeals focusing on the plaintiffs’ nationality status and FSIA jurisdiction. The U.S. Court of Appeals for the D.C. Circuit ruled that the plaintiffs’ allegations were sufficient to shift the burden of proof to Hungary to disprove, contrasting with the Second Circuit’s decision that plaintiffs must demonstrate a link between the expropriated property’s funds and U.S. commercial activity.
Question
1. Does historical commingling of assets suffice 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?
2. Must a plaintiff make out a valid claim that an exception to the FSIA applies at the pleading stage, rather than merely raising a plausible inference?
3. Does a sovereign defendant bear 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 FSIA?
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1:24:01
[23-1038] FDA v. Wages and White Lion
FDA v. Wages and White Lion Investments, L.L.C.
Wikipedia · Justia · Docket · oyez.org
Argued on Dec 2, 2024.
Petitioner: Food and Drug Administration.Respondent: Wages and White Lion Investments, L.L.C.
Facts of the case (from oyez.org)
In 2009, Congress passed the Family Smoking Prevention and Tobacco Control Act, requiring FDA approval for new tobacco products, including e-cigarettes. FDA issued guidance on the application process, stating that long-term studies were not necessary and emphasizing the importance of marketing plans to prevent youth access. Manufacturers were encouraged to use existing data and observational studies. In January 2020, FDA announced it would prioritize enforcement against flavored, cartridge-based e-cigarette products due to their popularity among youth.
Wages and White Lion Investments (Triton Distribution) and Vapetasia, manufacturers of flavored nicotine liquids for refillable e-cigarette systems, submitted applications in September 2020. Their applications included existing studies on e-cigarettes generally and detailed marketing plans to restrict youth access. However, in August 2021, FDA unexpectedly announced a new requirement for randomized controlled trials or longitudinal cohort studies specific to flavored products. Shortly after, FDA denied the applications of Triton and Vapetasia, citing a lack of evidence that their flavored products would benefit adult users enough to outweigh risks to youth. The manufacturers challenged this decision, arguing that FDA had changed its requirements without notice and refused to consider their marketing plans.
Question
Was the Food and Drug Administration’s orders denying respondents’ applications for authorization to market new e-cigarette products arbitrary and capricious, in violation of the Administrative Procedure Act?
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1:20:04
[23-824] United States v. Miller
United States v. Miller
Wikipedia · Justia · Docket · oyez.org
Argued on Dec 2, 2024.
Petitioner: United States of America.Respondent: David L. Miller.
Facts of the case (from oyez.org)
In 2014, All Resorts Group, Inc. paid $145,138.78 to the Internal Revenue Service to cover personal tax debts of two of its principals. The company filed for Chapter 7 bankruptcy in 2017. Subsequently, the United States Trustee initiated an adversary proceeding against the United States to avoid these transfers, relying on Section 544(b)(1) of the Bankruptcy Code and Utah's Uniform Fraudulent Transfer Act. The United States did not contest the substantive elements required to establish a voidable transfer but argued that sovereign immunity would bar an actual creditor from avoiding the tax payments outside of bankruptcy. This prevented the Trustee from satisfying the "actual creditor requirement" of Section 544(b)(1). The Trustee countered that the sovereign immunity waiver in Section 106(a) of the Bankruptcy Code applied not only to the adversary proceeding but also to the underlying state law cause of action. The bankruptcy court ruled in favor of the Trustee, and both the district court and the U.S. Court of Appeals for the Tenth Circuit affirmed.
Question
May a bankruptcy trustee avoid a debtor’s tax payment to the United States under 11 U.S.C. § 544(b) when no actual creditor could have obtained relief under the applicable state fraudulent-transfer law outside of bankruptcy?
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53:37
[23-970] NVIDIA Corporation v. E. Ohman J:or Fonder AB
NVIDIA Corporation v. E. Ohman J:or Fonder AB
Justia · Docket · oyez.org
Argued on Nov 13, 2024.
Petitioner: NVIDIA Corporation.Respondent: E. Ohman J:or Fonder AB.
Advocates: Neal Kumar Katyal (for the Petitioners)
Deepak Gupta (for the Respondents)
Colleen E. Roh Sinzdak (for the United States, as amicus curiae, supporting the Respondents)
Facts of the case (from oyez.org)
NVIDIA, a major producer of graphics processing units (GPUs), experienced a surge in demand for its gaming GPUs due to cryptocurrency mining, particularly for Ethereum, during 2017-2018. This mirrored a previous crypto-driven boom and bust cycle experienced by NVIDIA’s rival, AMD. Despite introducing specialized crypto mining GPUs (Crypto SKUs) and reporting their sales separately, NVIDIA continued to see substantial crypto-related purchases of its gaming GPUs. However, the company’s executives, particularly CEO Jensen Huang and CFO Colette Kress, repeatedly downplayed the impact of crypto mining on their gaming segment revenues when questioned by analysts and investors.
As cryptocurrency prices began to decline in 2018, NVIDIA’s GPU sales dropped. On August 16, 2018, the company lowered its revenue guidance, which was followed by a more significant miss in November. On November 15, 2018, NVIDIA disclosed that post-crypto channel inventory was taking longer than expected to sell through, with Huang referring to it as a “crypto hangover.” This revelation led to a sharp decline in NVIDIA's stock price, dropping 28.5% in two trading days. The plaintiffs in this case alleged that during the class period (May 10, 2017, to November 14, 2018), NVIDIA's executives knowingly or recklessly misled investors about the company's exposure to crypto volatility by understating the impact of crypto-related purchases on their gaming segment revenues.
The district court dismissed the plaintiffs’ claims, but the U.S. Court of Appeals for the Ninth Circuit reversed, concluding that the amended complaint sufficiently alleged that, during the Class Period, Huang made false or misleading statements and did so knowingly or recklessly.
Question
What is the proper pleading standard to show knowledge or intent for Private Securities Litigation Reform Act claims that rely on internal company documents?
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1:27:12
[23-929] Velazquez v. Garland
Velazquez v. Garland
Justia · Docket · oyez.org
Argued on Nov 12, 2024.
Petitioner: Hugo Abisai Monsalvo Velazquez.Respondent: Merrick B. Garland, Attorney General.
Advocates: Gerard J. Cedrone (for the Petitioner)
Anthony A. Yang (for the Respondent)
Facts of the case (from oyez.org)
Mr. Velázquez, a Mexican citizen, entered the U.S. without authorization in 2005. In 2011, the Department of Homeland Security sought to remove him and served a deficient Notice to Appear that lacked time and place details. In 2013, Velázquez admitted to unlawful entry and sought withholding of removal and protection under the Convention Against Torture. In March 2019, an Immigration Judge denied these requests but granted voluntary departure within 60 days. Velázquez appealed to the Board of Immigration Appeals (BIA), which dismissed his appeal in October 2021 and reinstated the 60-day voluntary departure period.
On December 13, 2021, Velázquez filed a motion to reopen his case to apply for cancellation of removal, arguing he had accrued 10 years of continuous presence due to his deficient Notice to Appear. The BIA denied this motion, finding Velázquez had not asserted “new facts” and that the motion was untimely, filed after the 60-day voluntary departure period. Velázquez then filed a motion to reconsider, challenging only the timeliness determination, which the BIA also denied. Velázquez filed a petition for review in federal court, but the U.S. Court of Appeals for the Tenth Circuit denied review, concluding that Mr. Velázquez failed to voluntarily depart or file an administrative motion within 60 calendar days, the maximum period provided by statute. 8 U.S.C. § 1229c(b)(2).
Question
When a noncitizen’s voluntary-departure period ends on a weekend or public holiday, is a motion to reopen filed the next business day sufficient to avoid the penalties for failure to depart under 8 U.S.C. § 1229c(d)(1)?
A podcast feed of the audio recordings of the oral arguments at the U.S. Supreme Court.
* Podcast adds new arguments automatically and immediately after they become available on supremecourt.gov
* Detailed episode descriptions with facts about the case from oyez.org and links to docket and other information.
* Convenient chapters to skip to any exchange between a justice and an advocate (available as soon as oyez.org publishes the transcript).
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