Cases & Deals

Several companies receive favorable U.S. Supreme Court ruling denying plaintiff's Oil-For-Food Program appeal

Client(s) Oil and gas companies

On June 15, 2015, the U.S. Supreme Court denied a petition for certiorari review filed by the Republic of Iraq in a $10 billion racketeering action against multiple defendants, including several Jones Day clients. The High Court's decision ended Iraq's pursuit of the defendants for allegedly providing illegal "kickbacks" to the Saddam Hussein regime under the United Nations Oil for Food Program.

Iraq first filed its action in 2008 in the United States District Court for the Southern District of New York. In its Amended Complaint filed in 2009, Iraq alleged that defendants doing business with Iraq under the Oil for Food Program made illegal payments to the Hussein regime, causing the people of Iraq to lose millions of dollars in Oil for Food funds and other benefits. The District Court granted defendants' Motion to Dismiss with prejudice, finding, inter alia, that Iraq’s Amended Complaint failed to allege causation and Iraq was barred from bringing the action. The Court of Appeals for the Second Circuit affirmed, and subsequently denied Iraq's petition for rehearing. Iraq filed its petition for review with the U.S. Supreme Court in March 2015. Defendants filed an opposition brief urging the High Court to deny Iraq's petition. Defendants' request was granted, as the Court issued its decision denying Iraq's petition on June 15, 2015.

New York Office partners Meir Feder and Ted Lynch and associate Rajeev Muttreja, and Pittsburgh Office partners Mike Ginsberg and Tom Jones and associate Amy Pohl, represented two Jones Day clients throughout all stages of the matter, in the District Court, the Second Circuit, and the U.S. Supreme Court.

The Republic of Iraq v. ABB AG, et al., No. 08-cv-05951-GEL (S.D.N.Y.); No. 14-1074 (U.S.)