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Emulex Corp. v. Varjabedian

Docket No. Op. Below Argument Opinion Vote Author Term
18-459 9th Cir. Apr 15, 2019
Tr.Aud.
Apr 23, 2019 N/A Per Curiam OT 2018

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondents in this case.

Issue: Whether the U.S. Court of Appeals for the 9th Circuit correctly held, in express disagreement with five other courts of appeals, that Section 14(e) of the Securities Exchange Act of 1934 supports an inferred private right of action based on the negligent misstatement or omission made in connection with a tender offer.

Judgment: The writ of certiorari is dismissed as improvidently granted in a per curiam opinion on April 23, 2019.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 11 2018Petition for a writ of certiorari filed. (Response due November 13, 2018)
Oct 16 2018Motion to extend the time to file a response from November 13, 2018 to November 30, 2018, submitted to The Clerk.
Oct 18 2018Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2018.
Nov 13 2018Brief amicus curiae of Securities Industry and Financial Markets Association filed.
Nov 13 2018Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Nov 30 2018Brief of respondents Gary Varjabedian, et al. in opposition filed.
Dec 18 2018Reply of petitioners Emulex Corporation, et al. filed.
Dec 19 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 04 2019Petition GRANTED.
Feb 06 2019Blanket Consent filed by Respondents, Gary Varjabedian, et al.
Feb 11 2019SET FOR ARGUMENT on Monday, April 15, 2019
Feb 19 2019Joint appendix (2 volumes) filed. (Statement of costs filed)
Feb 19 2019Brief of petitioners Emulex Corporation, et al. filed.
Feb 25 2019Brief amici curiae of Former Commissioners of the Securities and Exchange Commission filed.
Feb 26 2019Brief amici curiae of Chamber of Commerce of the United States of America and Business Roundtable filed.
Feb 26 2019Brief amicus curiae of Securities Industry and Financial Markets Association filed.
Feb 26 2019Brief amicus curiae of United States in support of neither party filed.
Feb 26 2019Brief amicus curiae of Washington Legal Foundation filed.
Feb 26 2019Brief amicus curiae of Phillip Goldstein filed.
Mar 20 2019CIRCULATED
Mar 21 2019Record requested from the U.S.C.A. 9th Circuit.
Mar 21 2019Brief of respondents Gary Varjabedian, et al. filed. (Distributed)
Mar 22 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 28 2019Brief amicus curiae of North American Securities Administrators Association, Inc. filed. (Distributed)
Mar 28 2019Brief amici curiae of Institutional Investors filed. (Distributed)
Mar 28 2019Brief amici curiae of Legal Scholars filed. (Distributed)
Apr 01 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 08 2019Reply of petitioners Emulex Corporation, et al. filed. (Distributed)
Apr 15 2019Argued. For petitioners: Gregory G. Garre, Bethesda, Md. For United States, as amicus curiae: Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Daniel L. Geyser, Dallas, Tex.
Apr 23 2019Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam.
May 28 2019JUDGMENT ISSUED.
 
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