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Heewon Lee v. Bank of America, N.A., et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 21-1490 · judgment June 14, 2022


Certiorari denied · June 5, 2023
Pre-decision estimate: 0% cert probability

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

Question presented

Legal validity of Res Judicata application to RICO claim is questioned in this petition. There has been inherent conflicts between nature of RICO claim and purpose of Res Judicata in the history of legal precedents. This petition asks this court to look into definition and purpose of Res Judicata in relation to its application to RICO claim for legal validity. The lower court’s reasons for dismissing RICO claim for reason of Res Judicata as well as for lack of RICO claim requirements are not in line with the decisions by the Supreme Court and the subsequent opinions by the appeals courts where continuous pattern of related predicates with minimum 2 year period is considered to be essential requirements for the RICO claim. These decisions might come from errors in facts and laws by the district and appeals courts with omitting evidential documents. In this regard, the validity of the decisions by the two courts is questioned.

Counsel of record

For petitioner
Heewon Lee

For respondent
Connie Flores Jones
Winston & Strawn, LLP

Case

Conference history
Distributed for 1 conference

Linked docket
22A387

Proceedings

  1. Jun 05 2023
    Petition DENIED.
  2. May 16 2023
    DISTRIBUTED for Conference of 6/1/2023.
  3. Apr 28 2023
    Waiver of right of respondent Bank of America, N.A., et al. to respond filed.
  4. Jan 30 2023
    Petition for a writ of certiorari filed. (Response due May 5, 2023)
  5. Nov 04 2022
    Application (22A387) granted by Justice Jackson extending the time to file until January 30, 2023.
  6. Oct 28 2022
    Application (22A387) to extend the time to file a petition for a writ of certiorari from November 30, 2022 to January 29, 2023, submitted to Justice Jackson.