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Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund

Docket No. Op. Below Argument Opinion Vote Author Term
13-435 6th Cir. Nov 3, 2014
TBD TBD TBD OT 2014

Issue: Whether, for purposes of a claim under Section 11 of the Securities Act of 1933, 15 U.S.C. § 77k, a plaintiff may plead that a statement of opinion was “untrue” merely by alleging that the opinion itself was objectively wrong, as the Sixth Circuit has concluded, or must the plaintiff also allege that the statement was subjectively false – requiring allegations that the speaker’s actual opinion was different from the one expressed – as the Second, Third, and Ninth Circuits have held.

SCOTUSblog Coverage

DateProceedings and Orders
Oct 4 2013Petition for a writ of certiorari filed. (Response due November 7, 2013)
Nov 4 2013Waiver of right of respondents Laborers District Council Construction Industry Pension Fund, et al. to respond filed.
Nov 20 2013DISTRIBUTED for Conference of December 6, 2013.
Nov 21 2013Response Requested . (Due December 23, 2013)
Dec 16 2013Order extending time to file response to petition to and including January 9, 2014.
Jan 9 2014Brief of respondents Laborers District Council Construction Industry Pension Fund, et al. in opposition filed.
Jan 28 2014Reply of petitioners Omnicare, Inc., et al. filed.
Jan 29 2014DISTRIBUTED for Conference of February 21, 2014.
Feb 24 2014DISTRIBUTED for Conference of February 28, 2014.
Mar 3 2014Petition GRANTED.
Mar 28 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Mar 28 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Mar 31 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 5, 2014.
Mar 31 2014The time to file respondent's brief on the merits is extended to and including August 25, 2014.
Jun 5 2014Joint appendix filed. (Statement of costs filed)
Jun 5 2014Brief of petitioners Omnicare, Inc., et al. filed.
Jun 12 2014Brief amici curiae of Chamber of Commerce of the United States of America and Business Roundtable filed.
Jun 12 2014Brief amicus curiae of the United States filed.
Jun 12 2014Brief amicus curiae of Washington Legal Foundation filed.
Jun 12 2014Brief amicus curiae of Securities Industry and Financial Markets Association filed.
Jun 12 2014Brief amicus curiae of Center for Audit Quality filed.
Aug 25 2014Brief of respondents Laborers District Council Construction Industry Pension Fund, et al. filed.
Aug 28 2014Brief amicus curiae of Occupy the SEC filed.
Aug 29 2014Brief amicus curiae of AARP filed.
Aug 29 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 2 2014Brief amici curiae of Common Law Scholars filed.
Sep 2 2014Brief amici curiae of Wyoming Retirement System, et al. filed.
Sep 2 2014Brief amicus curiae of Public Citizen, Inc. filed.
Sep 2 2014Brief amici curiae of Professors at Law and Business Schools filed.
Sep 2 2014Brief amici curiae of Institutional Investors filed.
Sep 2 2014Response of petitioners' to motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument.
Sep 4 2014SET FOR ARGUMENT on Monday, November 3, 2014.
Sep 8 2014Record requested from U.S.C.A. for 6th Circuit.
Sep 19 2014CIRCULATED
 
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