Decided

No. 21-401

ZF Automotive US, Inc., et al. v. Luxshare, Ltd.

from the United States Court of Appeals for the Sixth Circuit

See other cases from the Sixth Circuit.

Docket Entries

JUDGMENT ISSUED

Judgment REVERSED. Barrett, J., delivered the opinion for a unanimous Court. VIDED.

Argued. For petitioners in 21-401: Roman Martinez, Washington, D. C. For petitioners in 21-518: Joseph T. Baio, New York, N. Y. For United States, as amicus curiae, supporting petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent in 21-401: Andrew R. Davies, New York, N. Y. For respondent in 21-518: Alexander A. Yanos, New York, N. Y. VIDED.

Reply of petitioners ZF Automotive US, Inc., et al. filed (in 21-401). (Distributed)

Reply of petitioners AlixPartners, LLP and Mr. Simon Freakley filed (in 518). (Distributed)

Brief amicus curiae of Federal Arbitration, Inc. filed (in 21-401). (Distributed)

Brief amici curiae of George A. Bermann, et al. filed. VIDED. (Distributed)

Brief amici curiae of Professors Tamar Meshel, Crina Baltag, Fabien Gélinas, and Janet Walker filed (in 21-401). (Distributed)

Brief amicus curiae of Ashish Virmani filed (in 21-401). (Distributed)

Joint motion for divided argument and for enlargement of time for oral argument filed by the parties GRANTED. VIDED.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. VIDED.

Brief of respondent Luxshare, Ltd. filed (in 21-401). (Distributed)

Brief of respondent The Fund for Protection of Investors' Rights in Foreign States filed (in 21-518). (Distributed)

CIRCIULATED

Joint motion of the parties for divided argument and for enlargement of time for oral argument filed. VIDED.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. VIDED.

Blanket Consent filed by Respondent, The Fund for Protection of Investors' Rights in Foreign States

Brief amicus curiae of Professor Yanbai Andrea Wang supporting neither party filed. VIDED.

Brief amicus curiae of Institute of International Bankers filed. VIDED.

Brief amici curiae of The International Court of Arbitration of the International Chamber of Commerce and the United States Council for International Business supporting neither party filed (in 21-401).

Brief amici curiae of Chamber of Commerce of the United States; Business Roundtable filed (in 21-401).

Brief amicus curiae of Halliburton Company filed (in 21-401).

Brief amicus curiae of International Arbitration Center in Tokyo in support of neither party filed (in 21-401).

Brief amicus curiae of United States filed. VIDED.

ARGUMENT SET FOR Wednesday, March 23, 2022. VIDED.

Brief amici curiae of Dr. Xu Guojian, Li Hongji, Zhu Yongrui, Tang Qingyang, and Dr. Zhang Guanglei filed (in 21-401).

Record requested from the U.S.C.A. 6th Circuit.

Joint appendix filed (in 21-401). (Statement of costs filed)

Joint appendix filed (in 21-518). (Statement of costs filed)

Brief of petitioners ZF Automotive US, Inc., et al. filed (in 21-401).

Brief of petitioners AlixPartners, LLP and Mr. Simon Freakley filed (in 21-518).

Blanket Consent filed by Respondent, Luxshare, Ltd.

Blanket Consent filed by Petitioner, ZF Automotive US, Inc., et al.

Blanket Consent filed by Petitioner, AlixPartners, LLP and Mr. Simon Freakley

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-401. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-401. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Petition for a writ of certiorari before judgment GRANTED. The motion of International Institute for Conflict Prevention & Resolution, Inc. for leave to file a brief as amicus curiae in No. 21-518 is granted. The petition for a writ of certiorari in No. 21-518 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.

DISTRIBUTED for Conference of 12/10/2021.

DISTRIBUTED for Conference of 12/3/2021.

Rescheduled.

Supplemental brief of petitioners ZF Automotive US, Inc., et al. filed. (Distributed)

DISTRIBUTED for Conference of 11/19/2021.

Reply of petitioners ZF Automotive US, Inc., et al. filed. (Distributed)

Application (21A80) granted by the Court. The application for stay presented to Justice Kavanaugh and by him referred to the Court is granted, and it is ordered that the order of the United States District Court for the Eastern District of Michigan, entered August 17, 2021, is stayed pending the disposition of the petition for a writ of certiorari before judgment. Should the petition for a writ of certiorari before judgment be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari before judgment is granted, the stay shall terminate upon the sending down of the judgment of this Court.

Application (21A80) referred to the Court.

Reply of applicants ZF Automotive US, Inc., et al. filed.

Response to application from respondent Luxshare, Ltd. filed.

Application (21A80) for a stay, submitted to Justice Kavanaugh.

Response to application (21A80) requested by Justice Kavanaugh, due Thursday, October 21, by 4 p.m.

Brief of respondent Luxshare, Ltd. in opposition filed.

Petition for a writ of certiorari before judgment filed. (Response due October 14, 2021)

Parties

AlixPartners, LLP and Mr. Simon Freakley, Petitioner, represented by Joseph T. Baio

AlixPartners, LLP and Mr. Simon Freakley, Petitioner, represented by Mark Thomas Stancil

ZF Automotive US, Inc., et al., Petitioner, represented by Roman Martinez V

Luxshare, Ltd., Respondent, represented by Andrew Rhys Davies

The Fund for Protection of Investors' Rights in Foreign States, Respondent, represented by Alexander Athan Yanos

Amici Curiae

Ashish Virmani, Amicus Curiae, represented by Jason Moberly Caruso

Chamber of Commerce of the United States; Business Roundtable, Amicus Curiae, represented by Peter Bowman Rutledge

Dr. Xu Guojian, Li Hongji, Zhu Yongrui, Tang Qingyang, and Dr. Zhang Guanglei, Amicus Curiae, represented by Katherine Burghardt Kramer

Federal Arbitration, Inc., Amicus Curiae, represented by Henry Sabath Weisburg

George A. Bermann, Robert H. Smit, D. Brian King, Ruth Teitelbaum, And Lucas Bento, Amicus Curiae, represented by Jonathan B. New

Halliburton Company, Amicus Curiae, represented by Jeffrey S. Bucholtz

Institute of International Bankers, Amicus Curiae, represented by Derek T. Ho

International Arbitration Center in Tokyo, Amicus Curiae, represented by Robert Paul Parker

Professors Tamar Meshel, Crina Baltag, Fabien Gélinas, and Janet Walker, Amicus Curiae, represented by Lisa Wang Bohl

Professor Yanbai Andrea Wang, Amicus Curiae, represented by Michael Hugh McGinley

The International Court of Arbitration of the International Chamber of Commerce and the United States Council for International Business, Amicus Curiae, represented by Linda Halliday Martin

United States, Amicus Curiae, represented by Elizabeth B. Prelogar

 
Last updated: November 27, 2022