No. 21-1608

McKinsey & Co., Inc., et al. v. Jay Alix

Lower Court: Second Circuit
Docketed: 2022-06-29
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: bankruptcy-fraud circuit-split civil-claims civil-rico judicial-precedent precedent proximate-causation RICO statutory-interpretation supervisory-responsibilities
Key Terms:
Securities
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Whether lower courts must follow the standard established by this Court's precedent for an element of a plaintiff's statutory claim, even if, in the court's judgment, the plaintiff's allegations implicate the court's 'supervisory responsibilities'

Question Presented (OCR Extract)

QUESTION PRESENTED This Court has repeatedly held—twice in reversing the Second Circuit—that private claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) may be brought only by plaintiffs injured “directly” by the alleged wrongdoing. Such claims therefore generally do not extend to injuries “beyond the first step” of the causal chain. Holmes v. Sec. Inv. Prot. Corp., 503 U.S. 258, 269, 271 (1992); see also Anza v. Ideal Steel Supply Corp., 547 U.S. 451, 460 (2006); Bridge v. Phoenix Bond & Indem. Co., 553 U.S. 639, 654 (2008); Hemi Grp., LLC v. City of New York, 559 U.S. 1, 9 (2010). This limitation “has particular resonance when applied to claims,” like those here, “brought by economic competitors.” Anza, 547 U.S. at 460. Applying this standard, the district court dismissed the plaintiff's RICO claims. But the Second Circuit reversed, explicitly deviating from this Court’s RICO proximate-causation precedents. It held that, because the plaintiff alleged fraud on bankruptcy courts, the allegations implicated the court’s “supervisory responsibilities” and thus allowed the court to apply a relaxed proximate-cause rule that “differs somewhat from the analysis in” this Court’s RICO decisions. The question presented is: Whether lower courts must follow the standard established by this Court’s precedent for an element of a plaintiffs statutory claim, even if, in the court’s judgment, the plaintiffs allegations implicate the court’s “supervisory responsibilities.”

Docket Entries

2022-10-11
Petition DENIED.
2022-09-14
DISTRIBUTED for Conference of 10/7/2022.
2022-09-13
Reply of petitioners McKinsey & Co., Inc., et al. filed.(Distributed)
2022-08-29
Brief of respondent Jay Alix in opposition filed.
2022-07-28
Brief amici curiae of Professors Samuel P. Jordan and Robert J. Pushaw, Jr. filed.
2022-07-08
Motion to extend the time to file a response is granted and the time is extended to and including August 29, 2022.
2022-07-07
Motion to extend the time to file a response from July 29, 2022 to August 29, 2022, submitted to The Clerk.
2022-06-28
Petition for a writ of certiorari filed. (Response due July 29, 2022)

Attorneys

Jay Alix
Sean Francis O'SheaCadwalader, Wickersham & Taft LLP, Respondent
Sean Francis O'SheaCadwalader, Wickersham & Taft LLP, Respondent
McKinsey & Co., Inc., et al.
David A. O'NeilDebevoise & Plimpton LLP, Petitioner
David A. O'NeilDebevoise & Plimpton LLP, Petitioner
Samuel P. Jordan and Robert J. Pushaw, Jr.
Joshua Sean BolianRiley & Jacobson, PLC, Amicus
Joshua Sean BolianRiley & Jacobson, PLC, Amicus