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Bhargav Patel, et al. v. Government Employees Insurance Company, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 24-191 · judgment February 3, 2026


5%
estimated cert probability
(petition-stage, structural)
Rule 10: dissent below, circuit split argued

Roughly the 4.1% base rate. The model weights this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

Since 1793, the Anti-Injunction Act (“AIA”) has prohibited federal courts from staying pending statecourt proceedings except in three narrow circumstances, one of which is where an injunction is “expressly authorized” by Act of Congress. 28 U.S.C. § 2283. In the more than two centuries since, this Court has recognized only a handful of statutes as expressly authorizing such an injunction—each of which either halts state proceedings on its face or addresses state proceedings that themselves violate federal law. In the decision below, the Second Circuit held that the Racketeer Influenced and Corrupt Organizations Act (“RICO”) “expressly authorizes” a federal court to enjoin more than 600 pending statecourt collection actions and arbitrations that all parties concede are not themselves RICO violations, on the ground that those proceedings “help further” an alleged RICO scheme. The question presented is: Whether the Anti-Injunction Act’s “expressly authorized” exception, 28 U.S.C. § 2283, permits a federal court to enjoin pending state-court proceedings that do not themselves violate any federal statute and as to which the federal claimant retains a complete defense and a federal damages remedy, where the federal plaintiff alleges only that the state proceedings “help further” a RICO violation.

Counsel of record

For petitioner
Adam Francois Watkins
Watkins Bradley LLP

For respondent
Henry M. Mascia III
Rivkin Radler LLP

Case

Conference history

Proceedings

  1. Jul 31 2026
    Motion to extend the time to file a response is granted and the time is extended to and including September 18, 2026.
  2. Jul 30 2026
    Motion to extend the time to file a response from August 19, 2026 to September 18, 2026, submitted to The Clerk.
  3. Jul 15 2026
    Petition for a writ of certiorari filed. (Response due August 19, 2026)