« Argentina's Cert Petition Denied | Main | After Argentina »

A Quick One-Two Punch: Argentina Loses Discovery Case, Too

posted by Mark Weidemaier

In other news, the Supreme Court has also ruled against Argentina on the merits in its discovery dispute with NML. Refresher posts here and here. Quickly (because, despite what you may have heard, Greyhound buses are not ideal for blogging) the case involves whether NML can take broad discovery of Argentina's assets in an effort to locate assets that might not be protected by sovereign immunity. If it can find non-immune assets, NML can try to seize them to satisfy money judgments it holds against Argentina. (These judgments are independent of the injunction NML has also obtained.) The Supreme Court held that NML is entitled to the discovery. The 7:1 opinion is here. Scalia authored the majority, and Ginsburg dissented. Sotomayor took no part.

I'm not surprised by the result. As I noted in an earlier post (the first link above), the Foreign Sovereign Immunities Act doesn't give sovereigns any explicit protection from discovery. The Court assumed (without deciding) that a judgment holder could get this sort of discovery from a private defendant. On that assumption, there really isn't any statutory basis for treating a sovereign differently. So... a pair of very big wins for NML.

Comments

The comments to this entry are closed.

Contributors

Current Guests

Follow Us On Twitter

Like Us on Facebook

  • Like Us on Facebook

    By "Liking" us on Facebook, you will receive excerpts of our posts in your Facebook news feed. (If you change your mind, you can undo it later.) Note that this is different than "Liking" our Facebook page, although a "Like" in either place will get you Credit Slips post on your Facebook news feed.

News Feed

Categories

Bankr-L

  • As a public service, the University of Illinois College of Law operates Bankr-L, an e-mail list on which bankruptcy professionals can exchange information. Bankr-L is administered by one of the Credit Slips bloggers, Professor Robert M. Lawless of the University of Illinois. Although Bankr-L is a free service, membership is limited only to persons with a professional connection to the bankruptcy field (e.g., lawyer, accountant, academic, judge). To request a subscription on Bankr-L, click here to visit the page for the list and then click on the link for "Subscribe." After completing the information there, please also send an e-mail to Professor Lawless (rlawless@illinois.edu) with a short description of your professional connection to bankruptcy. A link to a URL with a professional bio or other identifying information would be great.

OTHER STUFF

Powered by TypePad