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Digital Realty Trust, Inc. v. Somers

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Docket No. Op. Below Argument Opinion Vote Author Term
16-1276 9th Cir. Nov 28, 2017 Feb 21, 2018 9-0 Ginsburg OT 2017

Holding: The anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act does not extend to an individual who has not reported a violation of the securities laws to the Securities and Exchange Commission.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Ginsburg on February 21, 2018. Justice Sotomayor filed a concurring opinion, in which Justice Breyer joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justices Alito and Gorsuch joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 25 2017Petition for a writ of certiorari filed. (Response due May 25, 2017)
May 03 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Respondent.
May 08 2017Order extending time to file response to petition to and including May 30, 2017.
May 10 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
May 24 2017Brief amici curiae of New England Legal Foundation, et al. filed. (Distributed)
May 25 2017Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)
May 25 2017Brief amicus curiae of DRI-The Voice of the Defense Bar filed. (Distributed)
May 25 2017Brief amicus curiae of Lime Energy Services Company filed. (Distributed)
May 26 2017Letter of May 26, 2017, from counsel for petitioner waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 received.
May 30 2017DISTRIBUTED for Conference of June 15, 2017.
May 30 2017Brief of respondent Paul Somers in opposition filed. (Distributed)
Jun 02 2017Reply of petitioner Digital Realty Trust, Inc. filed. (Distributed)
Jun 19 2017DISTRIBUTED for Conference of June 22, 2017.
Jun 26 2017Petition GRANTED.
Jul 06 2017Consent the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Jul 12 2017The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 24, 2017.
Jul 12 2017The time to file respondent's brief on the merits is extended to and including October 10, 2017.
Jul 12 2017Motion to dispense with printing the joint appendix filed by petitioner Digital Realty Trust, Inc.
Jul 18 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Aug 24 2017Brief of petitioner Digital Realty Trust, Inc. filed.
Aug 25 2017Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Aug 25 2017Brief amici curiae of New England Legal Foundation, et al. filed.
Aug 31 2017Brief amicus curiae of The Center for Workplace Compliance filed.
Aug 31 2017Brief amicus curiae of Cato Institute filed.
Aug 31 2017Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Aug 31 2017Brief amici curiae of Lime Energy Services Company and Prestige Cruises International filed.
Oct 06 2017SET FOR ARGUMENT ON Tuesday, November 28, 2017.
Oct 10 2017Brief of respondent Paul Somers filed.
Oct 11 2017Motion to argue pro hac vice filed by the Solicitor General.
Oct 12 2017CIRCULATED
Oct 17 2017Brief amici curiae of National Whistleblower Center, et al. filed. (Distributed)
Oct 17 2017Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 17 2017Brief amicus curiae of Senator Charles Grassley filed. (Distributed)
Oct 17 2017Brief amicus curiae of United States filed. (Distributed)
Oct 17 2017Brief amicus curiae of Ethical Systems, Inc. filed. (Distributed)
Oct 17 2017Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. (Distributed)
Oct 18 2017Record requested from the U.S.C.A. 9th Circuit.
Oct 18 2017Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Nov 06 2017Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 06 2017Motion to argue pro hac vice filed by the Solicitor General GRANTED.
Nov 09 2017Reply of petitioner Digital Realty Trust, Inc. filed. (Distributed)
Nov 28 2017Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Daniel L. Geyser, Dallas, Tex.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (Pro hac vice; for United States, as amicus curiae.)
Feb 21 2018Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed a concurring opinion, in which Breyer, J., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Alito and Gorsuch, JJ., joined.
Mar 26 2018JUDGMENT ISSUED.