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California Public Employees’ Retirement System v. ANZ Securities, Inc.

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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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 22 2016Petition for a writ of certiorari filed. (Response due October 24, 2016)
Oct 19 2016Order extending time to file response to petition to and including November 23, 2016.
Oct 21 2016Brief amici curiae of The States of Washington, et al. filed.
Oct 24 2016Brief amici curiae of Retired Federal Judges filed.
Nov 23 2016Brief of respondents ANZ Securities, Inc.,et al. in opposition filed.
Dec 7 2016DISTRIBUTED for Conference of January 6, 2017.
Dec 7 2016Reply of petitioner California Public Employees' Retirement System filed. (Distributed)
Jan 9 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017Petition GRANTED limited to Question 1 presented by the petition.
Feb 17 2017SET FOR ARGUMENT ON Monday, April 17, 2017.
Feb 22 2017Record requested from U.S.C.A. 2nd Circuit.
Feb 22 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Petitioner.
Feb 27 2017Record received from U.S.C.A. 2nd Circuit. The record is electronic.
Feb 27 2017Joint appendix filed. (Statement of costs filed.)
Feb 27 2017Brief of petitioner California Public Employees' Retirement System filed.
Mar 6 2017Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondent.
Mar 6 2017Brief amici curiae of Institutional Investors filed.
Mar 6 2017Brief amicus curiae of SRM Global Master Fund Limited Partneership filed.
Mar 6 2017Brief amici curiae of Washington, et al. filed.
Mar 6 2017Brief amici curiae of Current and Former Directors of Publicly Traded Companies: Charles M. Elson and Howard Wiener filed.
Mar 6 2017Brief amici curiae of Civil Procedure and Securities Law Professors filed.
Mar 6 2017Brief amicus curiae of DeKalb County Pension Fund filed.
Mar 6 2017Brief amici curiae of Retired Federal Judges filed.
Mar 6 2017Brief amici curiae of Public Citizen, Inc., and Public Justice, P.C. filed.
Mar 6 2017Brief amici curiae of North American Securities Administrators Association, Inc. filed.
Mar 22 2017CIRCULATED.
Mar 29 2017Brief of respondents ANZ Securities, Inc., et al. filed. (Distributed)
Apr 5 2017Brief amici curiae of The Securities Industries and Financial Markets Association, et al. filed. (Distributed)
Apr 5 2017Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)
Apr 5 2017Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Apr 10 2017Reply of petitioner California Public Employees' Retirement System filed. (Distributed)
Apr 17 2017Argued. For petitioner: Thomas C. Goldstein, Bethesda, Md. For respondents: Paul D. Clement, Washington, D. C.
Jun 26 2017Adjudged 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 2017JUDGMENT ISSUED.