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Lisa O'Brien, et al. v. United States District Court for the Southern District of New York

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-821 · judgment August 30, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below.

Questions presented

  1. Whether Congress intended to preempt state wrongful death distribution laws in enacting the Anti-Terrorism Act (“ATA”), 1 to award wrongful death damages to individuals beyond those allowed by applicable state law (awards to “nonheirs”), or whether Congress intended state law to supplement the wrongful death cause of action supplied by the ATA to protect and respect a state’s interest in ensuring full compensation to those heirs who were financially dependent upon a decedent?

  2. Whether the institutional interests of the federal courts require the enforcement of a statute of limitations against defendants-in-default, in a two-decade-old litigation, where the alternative is an ever-expanding court docket for new plaintiffs for decades to come, and where untimely claims reduce the money paid to authorized heirs who have filed timely claims and timely objections? 1 The ATA provides a private right of action for any United States national injured by an act of international terrorism. 18 U.S.C. § 2333 et seq., is the civil remedies provision of the Anti-Terrorism Act, added Oct. 29, 1992, Pub. L. No. 102-572, Title X, § 1003(a)(4), 106 Stat. 4506, codified as amended.

Counsel of record

For petitioner
John F. Schutty III
Law Office of John F. Schutty, P.C.

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Jan 17 2024
    DISTRIBUTED for Conference of 2/16/2024.
  3. Nov 27 2023
    Petition for a writ of certiorari filed. (Response due January 2, 2024)