Lawyer deceit in federal court
Delaney v. HC2
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Andrew Delaney asks the Supreme Court to review the rejection of his claim under a New York law that allows damages for a lawyer’s intentional deceit or collusion in court.
- What's at stake
- The Second Circuit’s ruling keeps Delaney’s claim from proceeding; the Supreme Court has not agreed to review that result.
Summary: written with AI from the case record.
What it's about
The Second Circuit kept the claim from proceeding because it found the complaint lacked enough factual detail, without deciding whether the law covers federal proceedings; the case is pending.
New York has a law that allows damages for a lawyer’s intentional deceit or collusion in court; Delaney asks whether it covers federal court proceedings in the state.
Question presented
1. Whether New York Judiciary Law § 487 applies to alleged attorney deceit or collusion occurring in a federal court proceeding located within New York, where the New York Court of Appeals has not resolved that question and the federal courts applying New York law have reached materially different conclusions or assumptions. 2. Whether, under Erie Railroad Co. v. Tompkins and the Rules Enabling Act, a federal court sitting in diversity may deny a state-law cause of action on a categorical federal-forum rule that is not contained in the text of the state statute and has not been adopted by New York's highest court. 3. Whether a federal court may affirm dismissal of a state-law claim as insufficiently pleaded where the appellate court itself recognizes that the underlying state-law question is unsettled and the alleged misconduct concerns concrete statements and filings made in judicial proceedings, rather than merely conclusory assertions of misconduct.
What happens next
The petition is listed for the justices’ Nov. 13, 2026, conference, where they will consider whether to hear it. The listing does not mean they have agreed to hear the case or promise a decision date; no oral argument is scheduled.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Brief added: Petition
More questions
- What legal issue does Delaney ask the Court to review?
- Whether New York’s law covers alleged attorney deceit or collusion in federal court proceedings in the state.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.