Supreme Court of the United States · Official docket →

William T. Esrey, et al. v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-1599 · judgment January 5, 2018

Certiorari denied · June 4, 2018

Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below.

Question presented

Whether the “misrepresentation exception,” 28 U.S.C. § 2680(h), of the Federal Tort Claims Act bars claims for aiding and abetting a breach of fiduciary duty where the government’s conduct involves communications, but does not satisfy the elements of a claim for misrepresentation under state law.
Whether the misrepresentation exception of the Federal Tort Claims Act bars claims for aiding and abetting a breach of fiduciary duty because the government’s conduct aided a third party in committing the tort of misrepresentation.

Counsel of record

For petitioner
George M. Clarke III
Baker & McKenzie LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

Jun 04 2018
Petition DENIED.
May 15 2018
DISTRIBUTED for Conference of 5/31/2018.
May 09 2018
Waiver of right of respondent United States to respond filed.
Apr 05 2018
Petition for a writ of certiorari filed. (Response due May 9, 2018)