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This week, we are hosting a symposium before oral argument on December 2 in New York State Rifle & Pistol Association v. City of New York. Click here to read the contributions.

Amgen Inc. v. Harris

Docket No. Op. Below Argument Opinion Vote Author Term
15-278 9th Cir. Not Argued Jan 25, 2016 n/a Per Curiam OT 2015

Holding: The Ninth Circuit failed to properly evaluate, to determine whether it states a claim, a complaint filed by a company’s stockholders against the company’s fiduciaries for breach of the duty of prudence when it failed to assess whether the complaint in its current form “has plausibly alleged” that a prudent fiduciary in the same position “could not have concluded” that the alternative action “would do more harm than good.”

Judgment: Reversed and remanded in a per curiam opinion on January 25, 2016.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 7 2015Application (15A157) to extend the time to file a petition for a writ of certiorari from August 24, 2015 to September 3, 2015, submitted to Justice Kennedy.
Aug 17 2015Application (15A157) granted by Justice Kennedy extending the time to file until September 3, 2015.
Sep 3 2015Petition for a writ of certiorari filed. (Response due October 5, 2015)
Sep 25 2015Waiver of right of respondents Steve Harris, et al. to respond filed.
Oct 2 2015Motion for leave to file amicus brief filed by American Benefits Council.
Oct 5 2015Motion for leave to file amicus brief filed by Washington Legal Foundation.
Oct 7 2015DISTRIBUTED for Conference of October 30, 2015.
Oct 14 2015Response Requested . (Due November 13, 2015)
Nov 13 2015Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al.
Nov 13 2015Brief of respondents Steve Harris, et al. in opposition filed.
Dec 1 2015Reply of petitioners Amgen Inc., et al. filed.
Dec 2 2015DISTRIBUTED for Conference of January 8, 2016.
Jan 11 2016DISTRIBUTED for Conference of January 15, 2016.
Jan 19 2016DISTRIBUTED for Conference of January 22, 2016.
Jan 25 2016Motion for leave to file amicus brief filed by American Benefits Council GRANTED.
Jan 25 2016Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED.
Jan 25 2016Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. GRANTED.
Jan 25 2016Petition GRANTED. Judgment REVERSED and case REMANDED for further proceedings consistent with this opinion. Opinion per curiam. (Detached Opinion)
Feb 26 2016Judgment Issued
 
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