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Mark N. Kirsch v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 16-3329 · judgment September 12, 2018


Certiorari denied · February 25, 2019
Pre-decision estimate: 1% cert probability

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

Question presented

Whether pressuring a construction contractor to enter into a union contract meets the definition of generic extortion such that a racketeering act premised on a State extortion statute for that conduct can serve as a racketeering conspiracy predicate pursuant to this Court’s decisions in Scheidler v. National Organization for Women Inc., 537 U.S. 393 (2003), and Sekhar v. United States, 570 U.S. 729 (2013), holding that the object of a generic extortion racketeering predicate under State law must be transferable and obtainable property, and that mere coercion can not serve as a racketeering predicate.

Counsel of record

For petitioner
Brian Michael Melber
Personius Melber LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 25 2019
    Petition DENIED.
  2. Feb 06 2019
    DISTRIBUTED for Conference of 2/22/2019.
  3. Jan 28 2019
    Waiver of right of respondent United States of America to respond filed.
  4. Dec 11 2018
    Petition for a writ of certiorari filed. (Response due February 11, 2019)