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Daniel S. Fitzgerald v. United States Attorney's Office, Southern District of New York

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-56216 · judgment May 24, 2024


Certiorari denied · October 15, 2024
Pre-decision estimate: 11% cert probability (95% interval 7%–16%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and a petition filed soon after the judgment below.

Question presented

Whether the 18 U.S.C. § 1595(b)(1) of the Trafficking Victims Protection Reauthorization Act (“TVPRA”) requires a stay of all claims brought by all parties in civil case indefinitely until the final adjudication of a criminal case against a criminal defendant who is not a party in the civil action, including claims not involving the criminal defendant and without presenting any evidence the civil action arises out of the same occurrence where any plaintiff is an alleged victim.

Counsel of record

For petitioner
Ernest Edward Badway
Thompson Hine LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 15, 2024 · Certiorari denied

Proceedings

  1. Oct 15 2024
    Petition DENIED.
  2. Sep 25 2024
    DISTRIBUTED for Conference of 10/11/2024.
  3. Sep 19 2024
    Waiver of right of respondent United States Attorney's Office, Southern District of New York to respond filed.
  4. Aug 20 2024
    Petition for a writ of certiorari filed. (Response due September 23, 2024)