|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-373||2d Cir.||Apr 17, 2017||Jun 26, 2017||5-4||Kennedy||OT 2016|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.
Holding: The public pension fund's untimely filing of its individual complaint under Section 11 of the Securities Act of 1933 more than three years after the relevant securities offering is ground for dismissal under Section 13 of the act.
Judgment: Affirmed, 5-4, in an opinion by Justice Kennedy on June 26, 2017. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor and Kagan joined.
|Date||Proceedings and Orders |
|Sep 22 2016||Petition for a writ of certiorari filed. (Response due October 24, 2016)|
|Oct 19 2016||Order extending time to file response to petition to and including November 23, 2016.|
|Oct 21 2016||Brief amici curiae of The States of Washington, et al. filed.|
|Oct 24 2016||Brief amici curiae of Retired Federal Judges filed.|
|Nov 23 2016||Brief of respondents ANZ Securities, Inc.,et al. in opposition filed.|
|Dec 7 2016||DISTRIBUTED for Conference of January 6, 2017.|
|Dec 7 2016||Reply of petitioner California Public Employees' Retirement System filed. (Distributed)|
|Jan 9 2017||DISTRIBUTED for Conference of January 13, 2017.|
|Jan 13 2017||Petition GRANTED limited to Question 1 presented by the petition.|
|Feb 17 2017||SET FOR ARGUMENT ON Monday, April 17, 2017.|
|Feb 22 2017||Record requested from U.S.C.A. 2nd Circuit.|
|Feb 22 2017||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Petitioner.|
|Feb 27 2017||Record received from U.S.C.A. 2nd Circuit. The record is electronic.|
|Feb 27 2017||Joint appendix filed. (Statement of costs filed.)|
|Feb 27 2017||Brief of petitioner California Public Employees' Retirement System filed.|
|Mar 6 2017||Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondent.|
|Mar 6 2017||Brief amici curiae of Institutional Investors filed.|
|Mar 6 2017||Brief amicus curiae of SRM Global Master Fund Limited Partneership filed.|
|Mar 6 2017||Brief amici curiae of Washington, et al. filed.|
|Mar 6 2017||Brief amici curiae of Current and Former Directors of Publicly Traded Companies: Charles M. Elson and Howard Wiener filed.|
|Mar 6 2017||Brief amici curiae of Civil Procedure and Securities Law Professors filed.|
|Mar 6 2017||Brief amicus curiae of DeKalb County Pension Fund filed.|
|Mar 6 2017||Brief amici curiae of Retired Federal Judges filed.|
|Mar 6 2017||Brief amici curiae of Public Citizen, Inc., and Public Justice, P.C. filed.|
|Mar 6 2017||Brief amici curiae of North American Securities Administrators Association, Inc. filed.|
|Mar 22 2017||CIRCULATED.|
|Mar 29 2017||Brief of respondents ANZ Securities, Inc., et al. filed. (Distributed)|
|Apr 5 2017||Brief amici curiae of The Securities Industries and Financial Markets Association, et al. filed. (Distributed)|
|Apr 5 2017||Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)|
|Apr 5 2017||Brief amicus curiae of Washington Legal Foundation filed. (Distributed)|
|Apr 10 2017||Reply of petitioner California Public Employees' Retirement System filed. (Distributed)|
|Apr 17 2017||Argued. For petitioner: Thomas C. Goldstein, Bethesda, Md. For respondents: Paul D. Clement, Washington, D. C.|
|Jun 26 2017||Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.|
|Jul 28 2017||JUDGMENT ISSUED.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).