Republic of Argentina v. NML Capital, Ltd.

Term: 2013 Term
Oral Argument Date: Apr 21, 2014
Vote: 7-1
Opinion: Scalia
Questions Presented: 

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.

Outcome Content: 

The Supreme Court held no provision in the FSIA immunizes a foreign-sovereign judgment debtor from postjudgment discovery of information concerning its extraterritorial assets.

The judgment of the Second Circuit Court of Appeals is affirmed.

Justices in Minority: 
Procedural History: 

Cert. Petition filed 1/7/13. Cert. Petition granted 1/10/14. Argued 4/21/14. Decided 6/16/14.