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Louis Ciminelli v. United States, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-3710, 18-3712, 18-3715, 18-3850 · judgment September 8, 2021

Decided · May 11, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Question presented

Whether the Second Circuit's "right to control" theory of fraud-which treats the deprivation of complete and accurate information bearing on a person's economic decision as a species of property fraud- states a valid basis for liability under the federal wire fraud statute, 18 U.S.C. § 1343.

Counsel of record

For petitioner
Michael R. Dreeben
O’Melveny & Myers LLP

For respondent
Michael Campion Miller
Steptoe & Johnson LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage · 5 merits
(5 supporting pet./neither)

Argument & decision

Argued November 28, 2022 — Michael R. Dreeben · Eric J. Feigin. Audio and transcript

Decided May 11, 2023. Opinion by Thomas.

Proceedings

  1. Jun 12 2023
    Judgment issued.
    Main Document
  2. May 11 2023
    Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion.
  3. Nov 28 2022
    Argued. For petitioner: Michael R. Dreeben, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
  4. Nov 14 2022
    Reply of petitioner Louis Ciminelli filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  5. Nov 14 2022
    Reply of respondents Steven Aiello and Joseph Gerardi in support of petitioner filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  6. Nov 14 2022
    Reply of respondent Alain Kaloyeros in support of petitioner filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  7. Oct 28 2022
    Record requested from the U.S.C.A. 2nd Circuit.
  8. Oct 25 2022
    CIRCULATED.
  9. Oct 18 2022
    SET FOR ARGUMENT on Monday, November 28, 2022.
  10. Oct 12 2022
    Brief of respondent United States filed.
    Main DocumentCertificate of Word Count
  11. Oct 07 2022
    Record received from the U.S.D.C. Southern District of New York. The documents are Sealed Impounded. ( One envelope ). Also one CD with Sealed documents has been electronically filed.
  12. Sep 06 2022
    Brief amici curiae of Law Professors filed.
    Main DocumentCertificate of Word CountProof of Service
  13. Sep 06 2022
    Amicus brief of New York Council of Defense Lawyers not accepted for filing.(Corrected version submitted) (September 13, 2022)
  14. Sep 06 2022
    Brief amicus curiae of New York Council of Defense Lawyers filed.(Sep. 13, 2022)
    Main DocumentProof of ServiceCertificate of Word Count
  15. Sep 06 2022
    Brief amicus curiae of Associated General Contractors of America, Inc filed.
    Main DocumentProof of ServiceCertificate of Word Count
  16. Sep 06 2022
    Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.
    Main DocumentCertificate of Word CountProof of Service
  17. Sep 06 2022
    Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
    Main DocumentCertificate of Word CountProof of Service
  18. Aug 29 2022
    Brief of petitioner Louis Ciminelli filed.
    Main DocumentCertificate of Word CountProof of Service
  19. Aug 29 2022
    Joint appendix filed. (Statement of costs filed)
    Main DocumentProof of Service
  20. Aug 29 2022
    Brief of respondent Alain Kaloyeros in support of petitioner filed.
    Main DocumentCertificate of Word CountProof of Service
  21. Aug 29 2022
    Brief of respondents Steven Aiello and Joseph Gerardi in support of petitioner filed.
    Main DocumentProof of ServiceCertificate of Word Count
  22. Jul 22 2022
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2022. The time to file respondent's brief on the merits is extended to and including October 12, 2022.
  23. Jul 12 2022
    Motion for an extension of time to file the briefs on the merits filed.
    Main Document
  24. Jun 30 2022
    Petition GRANTED.
  25. Jun 29 2022
    DISTRIBUTED for Conference of 6/29/2022.
  26. Jun 07 2022
    DISTRIBUTED for Conference of 6/23/2022.
  27. Jun 06 2022
    Reply of petitioner Louis Ciminelli filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  28. May 24 2022
    Brief of respondent United States in opposition filed. VIDED.
    Main DocumentCertificate of Word Count
  29. Apr 07 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2022.
  30. Apr 05 2022
    Motion to extend the time to file a response from April 27, 2022 to May 24, 2022, submitted to The Clerk.
    Main Document
  31. Mar 24 2022
    Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2022.
  32. Mar 24 2022
    Brief amicus curiae of New York Council of Defense Lawyers filed. VIDED.
    Main DocumentCertificate of Word CountProof of Service
  33. Mar 23 2022
    Motion to extend the time to file a response from March 28, 2022 to April 27, 2022, submitted to The Clerk.
    Main Document
  34. Feb 18 2022
    Petition for a writ of certiorari filed. (Response due March 28, 2022)
    PetitionAppendixCertificate of Word CountProof of Service
  35. Jan 07 2022
    Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022.