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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


Certiorari denied · March 3, 2025
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. 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?

  2. 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

  1. Mar 03 2025
    Petition DENIED.
  2. Feb 12 2025
    DISTRIBUTED for Conference of 2/28/2025.
  3. Jan 24 2025
    Waiver of right of respondents Shaul Levy, Meir Levy, Ariel Levy, individually and as agents of L & L Wings, Inc. to respond filed.
  4. Jan 24 2025
    Waiver of right of respondent Bennett Krasner to respond filed.
  5. Nov 06 2024
    Petition for a writ of certiorari filed. (Response due February 24, 2025)