This morning the Supreme Court heard only one oral argument, in Venezuela v. Helmerich & Payne International. At issue in the case is whether the U.S. Court of Appeals for the D.C. Circuit was rig
Venezuela asked the district court to dismiss the case, arguing that the expropriation exception did not apply. The district court agreed in part with Venezuela, but the court of appeals allowed both companies’ expropriation claims to go forward. The appeals court reasoned that the companies’ claims could survive a motion to dismiss for lack of jurisdiction because they were neither “wholly insubstantial” nor “frivolous” – the general standard for finding jurisdiction.