Supreme Court of the United States · Official docket →

Daniel Greer, Rabbi, et al. v. Eliyahu Mirlis

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-4023 · judgment March 3, 2020

Certiorari denied · January 25, 2021

Pre-decision estimate: 2% cert probability

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

Questions presented

What factors determine whether an adverse inference may be drawn against a party to a civil action following the party’s invocation of the Fifth Amendment privilege against self-incrimination?
What is the proper scope of evidence, argument and inference that may be offered in a civil matter regarding a party’s invocation of the Fifth Amendment privilege against self-incrimination?

For petitioner
Thomas Joseph Sansone
Carmody Torrence Sandak & Hennessey LLP

For respondent
Antonio Ponvert III
Koskoff, Koskoff & Bieder PC

Conference history
Distributed for 1 conference

Jan 25 2021
Petition DENIED.
Jan 06 2021
DISTRIBUTED for Conference of 1/22/2021.
Dec 30 2020
Waiver of right of respondent Eliyahu Mirlis to respond filed.
Nov 17 2020
Motion to extend the time to file a response is granted and the time is extended to and including January 4, 2021. See Rule 30.1.
Nov 16 2020
Motion to extend the time to file a response from December 3, 2020 to January 2, 2021, submitted to The Clerk.
Oct 29 2020
Petition for a writ of certiorari filed. (Response due December 3, 2020)