Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 17 Conference; we do not expect the Justices to issue any decisions on the merits.

Halliburton Co. v. Erica P. John Fund, Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
13-317 5th Cir. Mar 5, 2014
Tr.Aud.
Jun 23, 2014 9-0 Roberts OT 2013

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondent in this case.

Holding: Investors can recover damages in a private securities fraud action only if they prove that they relied on the defendant's misrepresentation in deciding to buy or sell a company's stock. In Basic Inc. v. Levinson, the Supreme Court held that investors could satisfy this reliance requirement by invoking a presumption that the price of stock traded in an efficient market reflects all public, material information-including material misstatements. Halliburton has failed to provide the “special justification” necessary to overrule that presumption. However, even if plaintiffs do not need to directly prove that the misrepresentation affected the stock price to invoke the Basic presumption, defendants can defeat the presumption at the class certification stage through evidence that the misrepresentation did not in fact affect the stock price.

Judgment: Vacated and remanded, 9-0, in an opinion by Chief Justice Roberts on June 23, 2014.

SCOTUSblog Coverage

DateProceedings and Orders
Sep 9 2013Petition for a writ of certiorari filed. (Response due October 11, 2013)
Oct 11 2013Brief of respondent Erica P. John Fund, Inc., fka Archdiocese of Milwaukee Supporting Fund, Inc. in opposition filed.
Oct 11 2013Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Oct 11 2013Brief amici curiae of Former SEC Commissioners and Officials, and Law Professors filed.
Oct 11 2013Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Oct 29 2013Reply of petitioners Halliburton Co., et al. filed.
Oct 30 2013DISTRIBUTED for Conference of November 15, 2013.
Nov 15 2013Petition GRANTED.
Nov 25 2013SET FOR ARGUMENT ON Wednesday, March 5, 2014
Dec 19 2013Record received from U.S.C.A. 5th Circuit. This record is electronic.
Dec 23 2013The time to file the joint appendix is extended to and including January 13, 2014.
Dec 30 2013Brief of petitioners Halliburton Co., et al. filed.
Dec 30 2013Consent to the filing of amicus curiae briefs, In support of either party or of neither party, received from counsel for the respondent.
Dec 31 2013Consent to the filing of amicus curiae briefs, In support of either party or of neither party, received from counsel for the petitioners.
Jan 6 2014Brief amici curiae of Former Members of Congress, et al., in support of neither party filed.
Jan 6 2014Brief amicus curiae of Vivendi, S.A. filed.
Jan 6 2014Brief amicus curiae of Amgen Inc. filed.
Jan 6 2014Brief of Washington Legal Foundation filed.
Jan 6 2014Brief amici curiae of Law Professors filed.
Jan 6 2014Brief amicus curiae of Committee on Capital Markets Regulation filed.
Jan 6 2014Brief amicus curiae of Securities Industry and Financial Markets Association filed.
Jan 6 2014Brief amicus curiae of American Institute of Certified Public Accountants filed.
Jan 6 2014Brief amici curiae of Former SEC Commissioners and Officials, and Law Professors filed.
Jan 6 2014Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Jan 6 2014Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jan 13 2014Joint appendix filed. (2 Volumes) (Statement of costs filed)
Jan 13 2014Supplemental Joint Appendix filed.
Jan 17 2014CIRCULATED
Jan 27 2014Record received from U.S.D.C. Northern District of Texas (1 Box).
Jan 29 2014Brief of respondent Erica P. John Fund, Inc., fka Archdiocese of Milwaukee Supporting Fund, Inc. filed. (Distributed)
Feb 4 2014Brief amici curiae of Council of Institutional Investors, et al. filed. (Distributed).
Feb 5 2014Brief amicus curiae of the United States filed. (Distributed)
Feb 5 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 5 2014Brief amici curiae of Legal Scholars filed. (Distributed)
Feb 5 2014Brief amici curiae of Former SEC Chairmen William H. Donaldson and Arthur Levitt, Jr. filed. (Distributed)
Feb 5 2014Brief amici curiae of Securities Law Scholars filed. (Distributed)
Feb 5 2014Brief amici curiae of Testifying Economists filed. (Distributed)
Feb 5 2014Brief amici curiae of Civil Procedure Scholars filed. (Distributed)
Feb 5 2014Brief amici curiae of AARP, et al. filed. (Distributed)
Feb 5 2014Brief amici curiae of Current and Former Members of Congress and Staff filed. (Distributed)
Feb 5 2014Brief amici curiae of Financial Economists filed. (Distributed)
Feb 5 2014Brief amici curiae of Institutional Investors filed. (Distributed)
Feb 5 2014Brief amici curiae of States of Oregon, et al. filed. (Distributed)
Feb 21 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 21 2014Reply of petitioners Halliburton Co., et al. filed. (Distributed)
Mar 5 2014Argued. For petitioners: Aaron M. Streett, Houston, Tex. For respondent: David Boies, Armonk, N. Y.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 23 2014Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Ginsburg, J., filed a concurring opinion, in which Breyer and Sotomayor, JJ., joined. Thomas, J., filed an opinion concurring in the judgment, in which Scalia and Alito, JJ., joined.
Jul 25 2014JUDGMENT ISSUED.
 
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