Supreme Court of the United States · Official docket →
Mark N. Kirsch v. United States
Paid petition · United States Court of Appeals for the Second Circuit, No. 16-3329 · judgment September 12, 2018
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
- Feb 25 2019Petition DENIED.
- Feb 06 2019DISTRIBUTED for Conference of 2/22/2019.
- Jan 28 2019Waiver of right of respondent United States of America to respond filed.
- Dec 11 2018Petition for a writ of certiorari filed. (Response due February 11, 2019)