No. 18-6756

John J. Koresko v. R. Alexander Acosta, Secretary of Labor

Lower Court: Third Circuit
Docketed: 2018-11-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights contempt debt-imprisonment disgorgement due-process erisa erisa-case erisa-enforcement garnishment imprisonment judicial-review labor-secretary-powers preliminary-injunction statutory-interpretation
Key Terms:
Arbitration ERISA Securities JusticiabilityDoctri
Latest Conference: 2019-01-11
Question Presented (AI Summary)

Whether the Third Circuit Court of Appeals incorrectly decided that parts of a $38 million judgment for disgorgement' entered in 2015 against the Petitioner could be enforced by the Secretary of Labor in an ERISA case

Question Presented (OCR Extract)

QUESTIONS PRESENTED aa 1. Whether the Third Circuit Court of Appeals incorrectly decided that parts of 7 a $38 million judgment for “disgorgement” entered in 2015 against the Petitioner, could be enforced by the Secretary of Labor in an ERISA case — as “appropriate relief’ under 29 U.S.C. § 1132(a)(2) or (a)(5) -oe ; A. by imprisonment of the Petitioner in 2016 for disobedience of preliminary injunctive orders that were not restated in the Final Judgment; and | ~ : B. by post-incarceration garnishment on behalf of nonparties, of . amounts not traced to any ERISA plan assets; . wat in the absence of any award to the United States? ; 2. Was Petitioner illegally imprisoned for debt — in violation of 28 U.S.C. § . 2007 — when the Secretary employed incarceration for over two years to “ assist collection of a money judgment debt? 7

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-20
Waiver of right of respondent Acosta, Sec. of Labor to respond filed.
2018-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2018)
2018-08-30
Application (18A226) granted by Justice Alito extending the time to file until November 9, 2018.
2018-08-29
Application (18A226) to extend the time to file a petition for a writ of certiorari from September 10, 2018 to November 9, 2018, submitted to Justice Alito.

Attorneys

Acosta, Sec. of Labor
Noel J. FranciscoSolicitor General, Respondent
John J. Koresko
John J. Koresko V — Petitioner