Lawson v. FMR LLC
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-3 | 1st Cir. | Nov 12, 2013 | Mar 4, 2014 | 6-3 | Ginsburg | OT 2013 |
Holding: The anti-retaliation protection that the Sarbanes-Oxley Act of 2002 provides to whistleblowers applies to employees of a public company's private contractors and subcontractors.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Ginsburg on March 4, 2014. Justice Scalia filed an opinion concurring in principal part, and concurring in the judgment, in which Justice Thomas joined. Justice Sotomayor filed a dissenting opinion in which Justices Kennedy and Alito joined.
SCOTUSblog Coverage
- Opinion analysis: Coverage of SOX whistleblower protection is no longer Up in the Air (Geoffrey Rapp, March 5, 2014)
- Argument recap: Wrestling with a whistleblower laws limits (Geoffrey Rapp, November 13, 2013)
- Argument preview: Eligibility of employees of public company contractors for Sarbanes-Oxley whistleblower protection (Geoffrey Rapp, October 30, 2013)
- Court to rule on government prayer (Lyle Denniston, May 20, 2013)
- Petition of the day (Ben Cheng, October 12, 2012)
| Date | Proceedings and Orders |
|---|---|
| 06/28/2012 | Petition for a writ of certiorari filed. (Response due August 1, 2012) |
| 07/19/2012 | Order extending time to file response to petition to and including August 24, 2012. |
| 07/30/2012 | Brief amicus curiae of National Whistleblower Center filed. |
| 08/24/2012 | Brief of respondents FMR LLC, et al. in opposition filed. |
| 09/05/2012 | DISTRIBUTED for Conference of September 24, 2012. |
| 09/05/2012 | Reply of petitioners Jackie Hosang Lawson and Jonathan M. Zang filed. (Distributed) |
| 10/01/2012 | DISTRIBUTED for Conference of October 5, 2012. |
| 10/09/2012 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 04/09/2013 | Brief amicus curiae of United States filed. |
| 04/23/2013 | DISTRIBUTED for Conference of May 9, 2013. |
| 04/23/2013 | Supplemental brief of petitioners Jackie Hosang Lawson and Jonathan M. Zang filed. (Distributed) |
| 04/26/2013 | Supplemental brief of respondents FMR LLC, et al. filed. (Distributed) |
| 05/13/2013 | DISTRIBUTED for Conference of May 16, 2013. |
| 05/20/2013 | Petition GRANTED. |
| 06/12/2013 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 31, 2013. |
| 06/12/2013 | The time to file respondents' brief on the merits is extended to and including September 30, 2013. |
| 07/18/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 07/31/2013 | Brief of petitioners Jackie Hosang Lawson and Jonathan M. Zang filed. |
| 07/31/2013 | Consent to the filing of amicus curiae briefs, in support of eitiher party or of neither party received from counsel for the petitioners. |
| 07/31/2013 | The time to file the joint appendix is further extended to and including August 14, 2013. |
| 08/07/2013 | Brief amicus curiae of United States filed. |
| 08/07/2013 | Brief amicus curiae of National Employment Lawyers Association and Government Accountability Project filed. |
| 08/07/2013 | Brief amicus curiae of National Whistleblower Center filed. |
| 08/13/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 08/14/2013 | Joint appendix filed. (Statement of costs received). |
| 08/20/2013 | SET FOR ARGUMENT on Tuesday, November 12, 2013. |
| 08/26/2013 | CIRCULATED. |
| 09/17/2013 | Record from U.S.D.C. for District of Massachusetts is electronic and located on PACER. |
| 09/18/2013 | Record received for U.S.C.A. for 1st Circuit. (1box) |
| 09/30/2013 | Brief of respondents FMR LLC, et al. filed. (Distributed) |
| 10/04/2013 | Brief amicus curiae of Society for Human Resource Management filed. (Distributed) |
| 10/07/2013 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed). |
| 10/07/2013 | Brief amici curiae of New England Legal Foundation and Associated Industries of Massachusetts filed. (Distributed) |
| 10/07/2013 | Brief amicus curiae of Securities Industry and Financial Markets Association filed. (Distributed) |
| 10/07/2013 | Brief amicus curiae of Investment Company Institute filed. (Distributed) |
| 10/07/2013 | Brief amici curiae of Former SEC Officials filed. (Distributed) |
| 10/07/2013 | Brief amicus curiae of National Federation of Independent Business Small Business Legal Center filed. (Distributed) |
| 10/07/2013 | Brief amicus curiae of Equal Employment Advisory Council filed. (Distributed) |
| 10/21/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/30/2013 | Reply of petitioners Jackie Hosang Lawson and Jonathan M. Zang filed. (Distributed). |
| 11/12/2013 | Argued. For petitioners: Eric Schnapper, Seattle, Wash.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Mark A. Perry, Washington, D. C. |
| 03/04/2014 | Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer and Kagan, JJ., joined, and in which Scalia and Thomas, JJ., joined in principal part. Scalia, J., filed an opinion concurring in principal part and concurring in the judgment, in which Thomas, J., joined. Sotomayor, J., filed a dissenting opinion, in which Kennedy and Alito, JJ., joined. |
| 04/07/2014 | JUDGMENT ISSUED. |
| 04/08/2014 | Record from U.S.C.A. 1st Circuit has been returned. |
Issue: Whether an employee of a privately held contractor or subcontractor of a public company is protected from retaliation by Section 806 of the Sarbanes-Oxley Act, 18 U.S.C. § 1514A.