Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

UBS v. Union de Empleados

Case dismissed, pursuant to Rule 46, on August 26, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-1208 1st Cir. TBD TBD TBD TBD OT 2013

Issue: Whether, consistent with the standard of review employed by other Circuit Courts of Appeals, but in direct conflict with the decision below, the United States Court of Appeals for the First Circuit should have reviewed for abuse of discretion the District Court’s determination, pursuant to Rule 23.1, that the particularized facts alleged in a shareholder derivative complaint were insufficient to excuse a pre-suit demand on the corporation's board of directors.

SCOTUSblog Coverage

DateProceedings and Orders
Apr 4 2013Petition for a writ of certiorari filed. (Response due May 8, 2013)
May 8 2013Brief of respondents Union de Empleados de Muelles de Puerto Rico PRSSA Welfare Plan, et al. in opposition filed.
May 17 2013Reply of petitioner UBS Financial Services Incorporated of Puerto Rico, et al. filed.
May 21 2013DISTRIBUTED for Conference of June 6, 2013.
Jun 10 2013DISTRIBUTED for Conference of June 13, 2013.
Jun 17 2013DISTRIBUTED for Conference of June 20, 2013.
Jun 24 2013Petition GRANTED.
Jul 24 2013The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 6, 2013.
Aug 21 2013Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46 received.
Aug 26 2013Petition Dismissed - Rule 46.
 
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