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Ciminelli v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
21-1170 2nd Cir. TBD TBD TBD TBD OT 2022

Issue: Whether the U.S. Court of Appeals for the 2nd Circuit’s “right to control” theory of fraud — which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud — states a valid basis for liability under the federal wire fraud statute.

DateProceedings and Orders (key to color coding)
Jan 07 2022Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022.
Feb 18 2022Petition for a writ of certiorari filed. (Response due March 28, 2022)
Mar 23 2022Motion to extend the time to file a response from March 28, 2022 to April 27, 2022, submitted to The Clerk.
Mar 24 2022Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2022.
Mar 24 2022Brief amicus curiae of New York Council of Defense Lawyers filed. VIDED.
Apr 05 2022Motion to extend the time to file a response from April 27, 2022 to May 24, 2022, submitted to The Clerk.
Apr 07 2022Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2022.
May 24 2022Brief of respondent United States in opposition filed. VIDED.
Jun 06 2022Reply of petitioner Louis Ciminelli filed. (Distributed)
Jun 07 2022DISTRIBUTED for Conference of 6/23/2022.
Jun 29 2022DISTRIBUTED for Conference of 6/29/2022.
Jun 30 2022Petition GRANTED.
Jul 12 2022Motion for an extension of time to file the briefs on the merits filed.
Jul 22 2022Motion to extend the 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 August 29, 2022. The time to file respondent's brief on the merits is extended to and including October 12, 2022.
Aug 29 2022Brief of petitioner Louis Ciminelli filed.
Aug 29 2022Joint appendix filed. (Statement of costs filed)
Aug 29 2022Brief of respondent Alain Kaloyeros in support of petitioner filed.
Aug 29 2022Brief of respondents Steven Aiello and Joseph Gerardi in support of petitioner filed.
Sep 06 2022Brief amici curiae of Law Professors filed.
Sep 06 2022Amicus brief of New York Council of Defense Lawyers not accepted for filing.(Corrected version submitted) (September 13, 2022)
Sep 06 2022Brief amicus curiae of New York Council of Defense Lawyers filed.(Sep. 13, 2022)
Sep 06 2022Brief amicus curiae of Associated General Contractors of America, Inc filed.
Sep 06 2022Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.
Sep 06 2022Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.