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Walters v. McMahen

Petition for certiorari denied on March 4, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-667 4th Cir. N/A N/A N/A N/A OT 2012

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to the petitioners in this case, which is listed without regard to the likelihood that it will be granted.

Issue: Whether allegations that an employer engaged in a pattern of violations of federal immigration laws for the purpose of depressing employee wages can state a claim under Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961 et seq., as the Second, Sixth, Ninth, and Eleventh Circuits have held; or whether such allegations necessarily fail to state a claim because, as the Fourth Circuit held below, immigration violations cannot be the proximate cause of depressed wages.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 17 2012Application (12A381) to extend the time to file a petition for a writ of certiorari from October 29, 2012 to November 28, 2012, submitted to The Chief Justice.
Oct 18 2012Application (12A381) granted by The Chief Justice extending the time to file until November 28, 2012.
Nov 28 2012Petition for a writ of certiorari filed. (Response due January 2, 2013)
Dec 7 2012Order extending time to file response to petition to and including February 1, 2013.
Feb 1 2013Brief of respondent Todd McMahen, et al. in opposition filed.
Feb 12 2013Reply of petitioners Bizzie Walters, et al. filed. (Distributed)
Feb 13 2013DISTRIBUTED for Conference of March 1, 2013.
Mar 4 2013Petition DENIED.
Term Snapshot
At a Glance