No. 24-787

Marco Destin, Inc., et al. v. Shaul Levy, Individually and as Agent of L&L Wings, Inc., et al.

Lower Court: Second Circuit
Docketed: 2025-01-24
Status: Denied
Type: Paid
Response Waived
Tags: due-process evidence-tampering federal-courts fraud-on-court hazel-atlas judicial-integrity
Key Terms:
Securities Trademark Patent
Latest Conference: 2025-02-28
Question Presented (AI Summary)

Whether the Supreme Court's ruling in Hazel-Atlas Glass Co. v. Hartford-Empire Co. imposes a mandatory duty on federal courts to vacate judgments tainted by fraudulent schemes targeting judicial institutions

Question Presented (from Petition)

1. In Hazel -Atlas Glass Co. v. Hartford -Empire Co., 322 U.S. 238 (1944), did the Court impose a nondiscretionary, mandatory duty on all federal courts, including those residing south of Canal Street, to vacate any judgment tainted by fraudulent scheme, driven by avarice, that directly targeted a federal court, other government institution, or both, with the intent to introduce compromised evidence into the trial process to influence the judge ? 2. Whether the district court applied the incorrect standard for fraud between ‘private’ litigants , reiterated in Marco Destin, Inc. v. Levy , 111 F.4th 214 (2d Cir. 2024), which, in the context of fraud between private litigants, is appropriate in that it places the burden on the private litigant to protect his interests, but whenever the fraud is directed at a federal court or institution, impacting public interests and faith in government institutions, any resulting judgment is unjust, and an unjust judgment should not be allowed to sit around speaking of government impotence ?

Docket Entries

2025-03-03
Petition DENIED.
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2025-01-24
Waiver of right of respondents Shaul Levy, Meir Levy, Ariel Levy, individually and as agents of L & L Wings, Inc. to respond filed.
2025-01-24
Waiver of right of respondent Bennett Krasner to respond filed.
2024-11-06
Petition for a writ of certiorari filed. (Response due February 24, 2025)

Attorneys

Bennett Krasner
Spencer A. RichardsFurman Kornfeld & Brennan LLP, Respondent
Spencer A. RichardsFurman Kornfeld & Brennan LLP, Respondent
Marco Destin, Inc., et al.
Gary Michael MurphreeAM LAW, LLC, Petitioner
Gary Michael MurphreeAM LAW, LLC, Petitioner
Shaul Levy, Meir Levy, Ariel Levy, individually and as agents of L & L Wings, Inc.
James B. GlucksmanDavidoff Hutcher & Citron LLP, Respondent
James B. GlucksmanDavidoff Hutcher & Citron LLP, Respondent