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David D'Addario, et al. v. Virginia A. D'Addario

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-1162 · judgment August 14, 2018


Certiorari denied · March 18, 2019
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether a beneficiary of a probate estate can establish the direct injury necessary to bring a civil RICO claim when the alleged RICO violation harms the estate as a whole and any impact on beneficiaries of the estate is indirect and derivative.

  2. Whether outside parties who are not members of the alleged RICO enterprise can nevertheless be liable under 18 U.S.C. § 1962(c) where they are alleged only to have “assisted” or acted as “necessary tools” to a single RICO defendant in his own operation or management of the RICO enterprise.

Counsel of record

For petitioner
Alfred U. Pavlis
FINN DIXON & HERLING LLP

For respondent
F. Dean Armstrong
Attorney at Law

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 18 2019
    Petition DENIED.
  2. Feb 27 2019
    DISTRIBUTED for Conference of 3/15/2019.
  3. Feb 22 2019
    Reply of petitioners David D'Addario, et al. filed.
  4. Feb 11 2019
    Brief of respondent Virginia D'Addario in opposition filed.
  5. Jan 08 2019
    Petition for a writ of certiorari filed. (Response due February 11, 2019)