Supreme Court of the United States · Official docket →
Marco Destin, Inc., et al. v. Shaul Levy, Individually and as Agent of L&L Wings, Inc., et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 23-1330 · judgment August 8, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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In Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944), did the Court impose a nondiscretionary, mandatory duty on all federal courts, including those residing south of Canal Street, to vacate any judgment tainted by fraudulent scheme, driven by avarice, that directly targeted a federal court, other government institution, or both, with the intent to introduce compromised evidence into the trial process to influence the judge?
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Whether the district court applied the incorrect standard for fraud between ‘private’ litigants, reiterated in Marco Destin, Inc. v. Levy, 111 F.4th 214 (2d Cir. 2024), which, in the context of fraud between private litigants, is appropriate in that it places the burden on the private litigant to protect his interests, but whenever the fraud is directed at a federal court or institution, impacting public interests and faith in government institutions, any resulting judgment is unjust, and an unjust judgment should not be allowed to sit around speaking of government impotence?
Counsel of record
For petitioner
Gary Michael Murphree
AM LAW, LLC
For respondent
James B. Glucksman
Davidoff Hutcher & Citron LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 03 2025Petition DENIED.
- Feb 12 2025DISTRIBUTED for Conference of 2/28/2025.
- Jan 24 2025Waiver of right of respondents Shaul Levy, Meir Levy, Ariel Levy, individually and as agents of L & L Wings, Inc. to respond filed.
- Jan 24 2025Waiver of right of respondent Bennett Krasner to respond filed.
- Nov 06 2024Petition for a writ of certiorari filed. (Response due February 24, 2025)