Taking Your “Wins” However You Can Get Them
on Nov 15, 2005 at 4:14 pm
We, along with the Stanford Clinic, are counsel to the respondents in No. 03-1559, Bank of China v. NBM. The question in the case was whether RICO claims based on predicate acts of mail or wire fraud require proof of reliance. After the petitioner filed its opening brief, it brought in Seth Waxman of Wilmer Hale. We filed our opening brief, and were supported by the Solicitor General, the Chamber of Commerce, and the Washington Legal Foundation.
Today, the Bank dismissed the case. We agreed to the request, having nothing to gain from review of the Second Circuit’s decision in our clients’ favor. The Bank had won a retrial in the case under the standard imposed by the Second Circuit, securing a judgment that (if it isn’t reversed) would give it most of what it wants in the case. Oddly, we had moved for a stay of the retrial, warning that it would effectively moot the S. Ct. case if the Bank won on remand, and the district court, court of appeals, and Justice Ginsburg all denied a stay.
Now the case has gone away. The dismissal means that the oral argument, scheduled for January 9, will now be canceled.
