Bulldog Investors General Partnership v. Donoghue

Petition for certiorari denied on May 20, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-818 2d Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the Second Circuit erred by holding that respondents had Article III, § 2 standing to prosecute this action in federal court under § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), in the absence of any allegation that petitioner’s statutory violation injured any respondent; and (2) whether the Second Circuit erred by holding that § 16(b) creates a “fiduciary duty,” (found nowhere in the statute) which is owed by every 10% stockholder of a public company and whose breach is always an “injury-in-fact” to the company.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 2 2013Petition for a writ of certiorari filed. (Response due February 4, 2013)
Jan 22 2013Waiver of right of respondent Deborah Donoghue to respond filed.
Feb 20 2013DISTRIBUTED for Conference of March 15, 2013.
Mar 15 2013Response Requested . (Due April 15, 2013)
Apr 15 2013Brief of respondent Deborah Donoghue in opposition filed.
Apr 29 2013Reply of petitioner Bulldog Investors General Partnership filed. (Distributed)
Apr 30 2013DISTRIBUTED for Conference of May 16, 2013.
May 20 2013Petition DENIED.
Term Snapshot