Supreme Court of the United States · Official docket →
SBFO Operator No. 3, LLC, et al. v. Onex Corporation, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-1786 · judgment May 8, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
This petition presents three questions on which the circuits disagree:
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Does a boilerplate release, induced as an integral part of a wire fraud scheme before a plaintiff learns of the fraud, immunize the defendant from RICO liability arising out of that scheme?
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May the same release operate prospectively, absolving a RICO defendant of violations and injuries that arise after the release was signed?
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When a party requests first-time leave to amend in opposition to a dispositive motion, and explains why the proposed claim to be added is plausible, may the court deny leave merely because the party had not yet filed a separate, formal motion for leave?
Counsel of record
For petitioner
Jason Toji Calabro
CALABRO | LAW OFFICE
For respondent
Peter L. Simmons
Fried,Frank, et al.
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 12 2024Petition DENIED.
- Oct 23 2024DISTRIBUTED for Conference of 11/8/2024.
- Oct 18 2024Reply of petitioners SBFO Operator No. 3, LLC, et al. filed.
- Oct 10 2024Brief of respondents Onex Corporation, et al. in opposition filed.
- Sep 06 2024Petition for a writ of certiorari filed. (Response due October 10, 2024)