No. 18-1059

Bridget Anne Kelly v. United States

Lower Court: Third Circuit
Docketed: 2019-02-13
Status: Judgment Issued
Type: Paid
Amici (4)Relisted (3) Experienced Counsel
Tags: decision-making due-process fraud government government-fraud government-property legal-interpretation official-decision policy-reason property public-official public-policy subjective-intent
Key Terms:
ERISA
Latest Conference: 2019-06-27 (distributed 3 times)
Question Presented (AI Summary)

Whether a public official 'defrauds' the government by advancing a 'public policy reason' for an official decision that is not her subjective 'real reason' for making the decision

Question Presented (OCR Extract)

QUESTION PRESENTED Does a public official “defraud” the government of its property by advancing a “public policy reason” for an official decision that is not her subjective “real reason” for making the decision?

Docket Entries

2020-06-08
JUDGMENT ISSUED.
2020-05-07
Judgment REVERSED and case REMANDED. Kagan, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-1059_e2p3.pdf'>opinion</a> for a unanimous Court.
2020-01-14
Argued. For petitioner: Jacob M. Roth, Washington, D. C. For respondent William E. Baroni, Jr. in support of petitioner: Michael Levy, New York, N. Y. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
2019-12-23
Reply of respondent William Baroni, Jr. in support of petitioner filed. (Distributed)
2019-12-20
Reply of petitioner Bridget Anne Kelly filed. (Distributed)
2019-12-16
Motion for divided argument filed by respondent GRANTED.
2019-12-13
The Record from the U.S.C.A. 3rd Circuit is complete and electronic.
2019-12-03
Record requested from the U.S.C.A. Federal Circuit.
2019-11-29
Motion for divided argument filed by respondent William Baroni.
2019-11-27
Brief amicus curiae of Senator Sheldon Whitehouse filed. (Distributed)
2019-11-26
CIRCULATED
2019-11-22
Brief of respondent United States filed. (Distributed)
2019-11-08
SET FOR ARGUMENT on Tuesday, January 14, 2020.
2019-09-24
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2019-09-23
Brief amicus curiae of Michael Binday filed.
2019-09-17
Brief of respondent William Baroni, Jr. in support of petitioner filed.
2019-09-17
Joint appendix filed (2 volumes). (Statement of costs filed)
2019-09-17
Brief of petitioner Bridget Anne Kelly filed.
2019-07-17
Joint motion for an extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 17, 2019. The time to file respondent's brief on the merits is extended to and including November 22, 2019.
2019-07-12
Joint motion for an extension of time to file the briefs on the merits filed.
2019-06-28
Petition GRANTED.
2019-06-26
DISTRIBUTED for Conference of 6/27/2019.
2019-06-17
DISTRIBUTED for Conference of 6/20/2019.
2019-05-28
DISTRIBUTED for Conference of 6/13/2019.
2019-05-28
Reply of petitioner Bridget Anne Kelly filed.
2019-05-23
Letter of May 23, 2019 from counsel for petitioner waiving the 14-day waiting period under Rule 15.5 filed.
2019-05-15
Brief of respondent United States in opposition filed.
2019-04-12
Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2019.
2019-04-12
Motion to extend the time to file a response from April 15, 2019 to May 15, 2019, submitted to The Clerk.
2019-03-15
Brief amici curiae of Lord Conrad Black and Former Governor Robert F. McDonnell filed.
2019-03-15
Brief of respondent William Baroni in support filed.
2019-03-06
Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2019.
2019-03-05
Motion to extend the time to file a response from March 15, 2019 to April 15, 2019, submitted to The Clerk.
2019-02-12
Petition for a writ of certiorari filed. (Response due March 15, 2019)

Attorneys

Bridget Anne Kelly
Jacob Moshe RothJones Day, Petitioner
Lord Conrad Black and Former Governor Robert F. McDonnell
Ryan Joseph WalshEimer Stahl LLP, Amicus
Michael Binday
David William ShapiroThe Norton Law Firm, Amicus
National Association of Criminal Defense Lawyers
Joshua Lewis DratelDratel & Lewis, Amicus
Senator Sheldon Whitehouse
Michael Dominic MeutiBenesch, Friedlander, Coplan & Aronoff LLP, Amicus
United States
Jeffrey Bryan WallActing Solicitor General, Respondent
William Baroni
Michael Alexander LevySidley Austin LLP, Respondent
Christopher EglesonSidley Austin LLP, Respondent