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Atlantic Trading USA, LLC v. BP P.L.C.

Petition for certiorari denied on June 15, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-1141 2nd Cir. N/A N/A N/A N/A OT 2019

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioners in this case.

Issues: (1) Whether passing Morrison v. National Australia Bank, Ltd.’s domestic-transaction test is sufficient or merely necessary to determine whether a claim seeks a permissibly territorial application of U.S. law; and (2) whether the focus of the Commodity Exchange Act differs from the Securities Exchange Act’s focus on the location of the exchange or transaction at issue.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 03 2020Application (19A744) to extend the time to file a petition for a writ of certiorari from January 14, 2020 to March 13, 2020, submitted to Justice Ginsburg.
Jan 03 2020Application (19A744) granted by Justice Ginsburg extending the time to file until March 13, 2020.
Mar 13 2020Petition for a writ of certiorari filed. (Response due April 17, 2020)
Mar 19 2020Motion to extend the time to file a response from April 17, 2020 to April 27, 2020, submitted to The Clerk.
Mar 19 2020Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2020.
Apr 17 2020Brief amici curiae of Former Officials of the Commodity Futures Trading Commission filed.
Apr 17 2020Brief amicus curiae of Toshiba Corporation filed.
Apr 17 2020Brief amici curiae of Better Markets, Inc., et al. filed.
Apr 27 2020Brief of respondents BP p.l.c., et al. in opposition filed.
May 07 2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 12, 2020 to May 26, 2020, submitted to The Clerk.
May 08 2020Motion to delay distribution of the petition for a writ certiorari until May 26, 2020, granted.
May 26 2020DISTRIBUTED for Conference of 6/11/2020.
May 26 2020Reply of petitioners Atlantic Trading USA, LLC, et al. filed. (Distributed)
Jun 15 2020Petition DENIED.