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EIG ENERGY FUND XIV, L.P. et al v. PETROLEO BRASILEIRO S.A

Memorandum in opposition to re MOTION to Stay

28 Cited authorities

  1. Nken v. Holder

    556 U.S. 418 (2009)   Cited 3,292 times   7 Legal Analyses
    Holding that "courts must be mindful that the Government's role as the respondent in every removal proceeding does not make the public interest in each individual one negligible"

  2. Mitchell v. Forsyth

    472 U.S. 511 (1985)   Cited 9,394 times   9 Legal Analyses
    Holding that some orders denying summary judgment constitute " 'final decisions' " under the collateral order doctrine

  3. Republic of Argentina v. Weltover, Inc.

    504 U.S. 607 (1992)   Cited 648 times   7 Legal Analyses
    Holding that Argentina's issuance of bonds constitutes a commercial activity within the meaning of the FSIA

  4. Hamdan v. Rumsfeld

    548 U.S. 557 (2006)   Cited 249 times   3 Legal Analyses
    Holding the military commission procedures established by an executive order invalid

  5. Chaplaincy of Full Gospel Churches v. England

    454 F.3d 290 (D.C. Cir. 2006)   Cited 410 times   1 Legal Analyses
    Holding that Navy's "practice of retaining Catholic chaplains past applicable age limits" constituted only "hypothetical" injury for Protestant chaplains

  6. Wisconsin Gas Co. v. F.E.R.C

    758 F.2d 669 (D.C. Cir. 1985)   Cited 648 times
    Holding that to establish irreparable harm the movant must "substantiate the claim that irreparable injury is 'likely' to occur. . . . Bare allegations of what is likely to occur are of no value."

  7. Jungquist v. Sheikh Sultan

    115 F.3d 1020 (D.C. Cir. 1997)   Cited 158 times
    Holding that officials' actions in administering a government health program were "uniquely sovereign in nature" despite "relat[ing] in certain respects to commercial activity"

  8. Conkright v. Frommert

    556 U.S. 1401 (2009)   Cited 24 times

    No. 08–810 08A884. 04-30-2009 Sally L. CONKRIGHT et al. v. Paul J. FROMMERT et al. Justice GINSBURG, Circuit Justice. Opinion Sally L. Conkright, Administrator of the Xerox Corporation Pension Plan, et al., have reapplied for a stay of the mandate of the United States Court of Appeals for the Second Circuit. In their initial application, filed October 16, 2008, the applicants sought a stay pending the filing and disposition of their petition for certiorari. The Second Circuit's decision in their

  9. Atlantica Holdings, Inc. v. Sovereign Wealth Fund Samruk-Kazyna JSC

    813 F.3d 98 (2d Cir. 2016)   Cited 60 times
    Holding that Plaintiff's claims fall within the "direct-effects clause" of the commercial-activity exception

  10. EIG Energy Fund XIV, L.P. v. Petróleo Brasileiro S.A.

    246 F. Supp. 3d 52 (D.D.C. 2017)   Cited 26 times
    In EIG Energy Fund XIV, L.P. v. Petróleo Brasileiro S.A., 246 F. Supp. 3d 52, 78 (D.D.C. 2017), the district court discounted the presumption in favor of the forum choice of domestic plaintiffs because their decision to invest abroad "put them on notice that they might be required to litigate disputes in a foreign forum," such that litigation abroad was "reasonably foreseeable."

  11. Section 1291 - Final decisions of district courts

    28 U.S.C. § 1291   Cited 88,771 times   139 Legal Analyses
    Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

  12. Rule 41 - Mandate: Contents; Issuance and Effective Date; Stay

    Fed. R. App. P. 41   Cited 2,669 times   13 Legal Analyses
    Providing that "[t]he court may shorten ... by order" the time for issuing its mandate

  13. Section 1330 - Actions against foreign states

    28 U.S.C. § 1330   Cited 1,645 times   13 Legal Analyses
    Granting district courts with jurisdiction over claims against "foreign state"

  14. Section 2101 - Supreme Court; time for appeal or certiorari; docketing; stay

    28 U.S.C. § 2101   Cited 657 times   1 Legal Analyses
    Allowing a Justice of the Supreme Court to grant an extension of up to sixty days for good cause shown