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Another Run at SCOTUS for Argentina, ISO Friends

posted by Anna Gelpern

Lascaux_01Earlier today Argentina filed its petition for Superme Court review of the Second Circuit decision in the pari passu case. You may recall that its last request was rebuffed without explanation, perhaps because it was premature -- the Second Circuit had not quite finished ruling against Argentina. Now the appeals judges are all done, and Argentina has filed the the real thing. The new petition is notable for raising a broader range of issues than the first.

This need not reflect a view that the new "question presented" on contract interpretation is a big winner. The Foreign Sovereign Immunities Act may still be Argentina's best chance for review. However, having Argentina raise the contract point hould make it easier for more would-be friends of the court to chime in on the different things they care about. France might have company this time. Mark your calendars for the last week of March. Another year, another party.

Meanwhile, Mitu Gulati and friends keep digging up more cool pari passu history. Next thing you know, those Paleolithic cave pictures will turn out to have been all about pari passu bison hunting.

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