| No. 16-1144 | |
| Title: | Carlo J. Marinello, II, Petitioner v. United States |
| Docketed: | March 22, 2017 |
| Lower Ct: | United States Court of Appeals for the Second Circuit |
| Case Numbers: | (15-2224) |
| Decision Date: | October 14, 2016 |
| Rehearing Denied: | February 15, 2017 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Mar 21 2017 | Petition for a writ of certiorari filed. (Response due April 21, 2017) |
| Apr 12 2017 | Order extending time to file response to petition to and including May 22, 2017. |
| Apr 21 2017 | Brief amicus curiae of The American College of Tax Counsel filed. |
| Apr 21 2017 | Brief amici curiae of Cause of Action Institute, at el. filed. |
| May 22 2017 | Brief of respondent United States in opposition filed. |
| May 25 2017 | Letter of May 25, 2017, with supplemental authority from the Acting Solicitor General received. |
| Jun 05 2017 | Reply of petitioner Carl J. Marinello, II filed. |
| Jun 06 2017 | DISTRIBUTED for Conference of June 22, 2017. |
| Jun 26 2017 | DISTRIBUTED for Conference of June 26, 2017. |
| Jun 27 2017 | Petition GRANTED. |
| Aug 03 2017 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 1, 2017. |
| Aug 03 2017 | The time to file respondent's brief on the merits is extended to and including October 23, 2017. |
| Aug 23 2017 | Motion to dispense with printing the joint appendix filed by petitioner Carl J. Marinello, II. |
| Sep 01 2017 | Brief of petitioner Carl J. Marinello, II filed. |
| Sep 08 2017 | Brief amicus curiae of American College of Tax Counsel filed. |
| Sep 08 2017 | Brief amicus curiae of New York Council of Defense Lawyers filed. |
| Sep 08 2017 | Brief amici curiae of Cause of Action Institute and National Association of Criminal Defense Lawyers filed. |
| Sep 08 2017 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Sep 25 2017 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Oct 06 2017 | SET FOR ARGUMENT ON Tuesday, December 5, 2017 |
| Oct 18 2017 | Record requested from the U.S.C.A. 2nd Circuit. |
| Oct 19 2017 | Record received from the U.S.C.A. is electronic. |
| Oct 20 2017 | CIRCULATED |
| Oct 23 2017 | Brief of respondent United States filed. (Distributed) |
| Nov 15 2017 | This case is removed from the oral argument calendar for Tuesday, December 5, 2017, and has been SET FOR ARGUMENT ON Wednesday, December 6, 2017. |
| Nov 22 2017 | Reply of petitioner Carl J. Marinello, II filed. (Distributed) |
| Main DocumentCertificate of Word Count | |
| Dec 06 2017 | Argued. For petitioner: Matthew S. Hellman, Washington, D. C. For respondent: Robert A. Parker, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Mar 21 2018 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Sotomayor, Kagan, and Gorsuch, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined. |
| Apr 23 2018 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Matthew S. Hellman Counsel of Record | Jenner & Block LLP 1099 New York Ave., NW Suite 900 Washington, DC 20001 mhellman@jenner.com | (202)-639-6000 |
| Party name: Carlo J. Marinello, II | ||
| Joseph M. LaTona | 403 Main Street 716 Brisbane Building Buffalo, NY 14203 sandyw@tomburton.com | (716) 842-0416 |
| Party name: Carl J. Marinello, II | ||
| Attorneys for Respondent | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Other | ||
| Jenny Louise Johnson Counsel of Record | Johnson Moore LLC 150 North Wacker Drive - Suite 1250 Chicago, IL 60606 jenny.johnson@jmtaxlitigation.com | 312-549-9990 |
| Party name: American College of Tax Counsel | ||
| Lewis Jeffrey Liman Counsel of Record | Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, NY 10006 lliman@cgsh.com | 212-225-2000 |
| Party name: Chamber of Commerce of the United States of America, et al. | ||
| Erica Lynn Marshall Counsel of Record | Cause of Action Institute 1875 Eye Street N.W. Washington, DC 20006 erica.marshall@causeofaction.org | 202 499-4232 |
| Party name: Cause of Action Institute and National Association of Criminal Defense Lawyers | ||
| Alexandra Anastasia Ekaterina Shapiro Counsel of Record | Shapiro Arato LLP 500 Fifth Avenue 40th Floor New York, NY 10110 ashapiro@shapiroarato.com | 212-257-4880 |
| Party name: New York Council of Defense Lawyers | ||
| John J. Vecchione | Cause of Action Institute 1875 Eye Street, N.W. Washington, DC 20006 john.vecchione@causeofaction.org | (202) 499-4232 |
| Party name: Cause of Action Institute, at el. | ||