No. 18-892

Mark N. Kirsch v. United States

Lower Court: Second Circuit
Docketed: 2019-01-10
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights coercion due-process extortion extortion-statute property-transfer racketeering-act racketeering-conspiracy scheidler-precedent scheidler-v-now sekhar-precedent transferable-property union-contract
Key Terms:
Arbitration LaborRelations Privacy
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Whether pressuring a construction contractor to enter into a union contract meets the definition of generic extortion such that a racketeering act premised on a State extortion statute for that conduct can serve as a racketeering conspiracy predicate

Question Presented (OCR Extract)

QUESTION PRESENTED Whether pressuring a construction contractor to enter into a union contract meets the definition of generic extortion such that a racketeering act premised on a State extortion statute for that conduct can serve as a racketeering conspiracy predicate pursuant to this Court’s decisions in Scheidler v. National Organization for Women Inc., 537 U.S. 393 (2003), and Sekhar v. United States, 570 U.S. 729 (2013), holding that the object of a generic extortion racketeering predicate under State law must be transferable and obtainable property, and that mere coercion can not serve as a racketeering predicate.

Docket Entries

2019-02-25
Petition DENIED.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2019-01-28
Waiver of right of respondent United States of America to respond filed.
2018-12-11
Petition for a writ of certiorari filed. (Response due February 11, 2019)

Attorneys

Mark Kirsch
Brian Michael MelberPersonius Melber LLP, Petitioner
Brian Michael MelberPersonius Melber LLP, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent