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Gabelli v. Securities and Exchange Commission

Docket No. Op. Below Argument Opinion Vote Author Term
11-1274 2d Cir. Jan 8, 2013
Tr.Aud. 		Feb 27, 2013 9-0 Roberts OT 2012
 

Holding: The five-year statute of limitations for the SEC to bring a civil suit seeking penalties for securities fraud against investment advisers begins to tick when the fraud occurs, not when it is discovered.

Judgment: Reversed and remanded, 9-0, in an opinion by Chief Justice Roberts on February 27, 2013.

SCOTUSblog Coverage

DateProceedings and Orders
Feb 6 2012Application (11A755) to extend the time to file a petition for a writ of certiorari from February 20, 2012 to March 22, 2012, submitted to Justice Ginsburg.
Feb 10 2012Application (11A755) granted by Justice Ginsburg extending the time to file until March 22, 2012.
Mar 2 2012Application (11A755) to extend further the time from March 22, 2012 to April 20, 2012, submitted to Justice Ginsburg.
Mar 7 2012Application (11A755) granted by Justice Ginsburg extending the time to file until April 20, 2012.
Apr 20 2012Petition for a writ of certiorari filed. (Response due May 24, 2012)
May 15 2012Order extending time to file response to petition to and including June 25, 2012.
Jun 14 2012Order further extending time to file response to petition to and including July 25, 2012.
Jul 25 2012Brief of respondent Securities and Exchange Commission in opposition filed.
Aug 8 2012DISTRIBUTED for Conference of September 24, 2012.
Aug 14 2012Reply of petitioners Marc J. Gabelli and Bruce Alpert filed. (Distributed)
Sep 10 2012Supplemental brief of petitioner Marc J. Gabelli and Bruce Alpert filed. (Distributed)
Sep 21 2012Supplemental brief of petitioner Marc J. Gabelli and Bruce Alpert filed. (Distributed) (Second Supplemental)
Sep 25 2012Petition GRANTED.
Oct 31 2012SET FOR ARGUMENT ON Tuesday, January 8, 2013.
Nov 2 2012Consent to the filing of amicus curiae briefs, in suport of either party or of neither party, received from the Solicitor General on behalf of the respondent.
Nov 5 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Nov 9 2012Joint appendix filed. (Statement of costs filed)
Nov 9 2012Brief of petitioners Marc J. Gabelli and Bruce Alpert filed.
Nov 13 2012Record from the U.S.D.C. for the Southern District of New York is electronic.
Nov 16 2012CIRCULATED.
Nov 16 2012Brief amicus curiae of Association of the Bar of the City of New York filed. (Distributed)
Nov 16 2012Brief amicus curiae of American Bankers Association filed. (Distributed)
Nov 16 2012Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed. (Distributed)
Nov 16 2012Brief amicus curiae of Cato Institute filed. (Distributed)
Nov 16 2012Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed)
Nov 16 2012Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Nov 21 2012Motion for leave to file amici brief out of time filed by Former SEC Commissioners and Officials.
Dec 3 2012Motion for leave to file amici brief out of time filed by Former SEC Commissioners and Officials GRANTED.
Dec 4 2012Record from U.S.C.A. for 2nd Circuit is electronic.
Dec 7 2012Brief amicus curiae of Occupy the SEC filed. (Distributed)
Dec 10 2012Brief of respondent Securities and Exchange Commission filed. (Distributed)
Dec 26 2012Reply brief of petitioners Marc J. Gabelli and Bruce Alpert filed. (Distributed)
Jan 7 2013Letter from counsel for petitioners Marc J. Gabelli and Bruce Alpert filed. (Distributed)
Jan 8 2013Argued. For petitioners: Lewis J. Liman, New York, N. Y. For respondent: Jeffrey B. Wall, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Feb 27 2013Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court.
Apr 1 2013JUDGMENT ISSUED.
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