Emulex Corp. v. Varjabedian
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
- Practice Pointer: Digging into DIGs (Kevin Russell, April 25, 2019)
- Justices pass on opportunity to define liability for inadequate disclosures about tender offers (Ronald Mann, April 23, 2019)
- Argument analysis: Justices debate time travel in assessing liability for inadequate disclosures about tender offers (Ronald Mann, April 16, 2019)
- Argument preview: Justices to consider ability of securities investors to sue for faulty disclosures about tender offers (Ronald Mann, April 8, 2019)
- More on today’s orders (Amy Howe, January 4, 2019)
- Petitions of the week (Aurora Barnes, November 15, 2018)
| Date | Proceedings and Orders (key to color coding) |
|---|
| Oct 11 2018 | Petition for a writ of certiorari filed. (Response due November 13, 2018) |
| Oct 16 2018 | Motion to extend the time to file a response from November 13, 2018 to November 30, 2018, submitted to The Clerk. |
| Oct 18 2018 | Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2018. |
| Nov 13 2018 | Brief amicus curiae of Securities Industry and Financial Markets Association filed. |
| Nov 13 2018 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| Nov 30 2018 | Brief of respondents Gary Varjabedian, et al. in opposition filed. |
| Dec 18 2018 | Reply of petitioners Emulex Corporation, et al. filed. |
| Dec 19 2018 | DISTRIBUTED for Conference of 1/4/2019. |
| Jan 04 2019 | Petition GRANTED. |
| Feb 06 2019 | Blanket Consent filed by Respondents, Gary Varjabedian, et al. |
| Feb 11 2019 | SET FOR ARGUMENT on Monday, April 15, 2019 |
| Feb 19 2019 | Joint appendix (2 volumes) filed. (Statement of costs filed) |
| Feb 19 2019 | Brief of petitioners Emulex Corporation, et al. filed. |
| Feb 25 2019 | Brief amici curiae of Former Commissioners of the Securities and Exchange Commission filed. |
| Feb 26 2019 | Brief amici curiae of Chamber of Commerce of the United States of America and Business Roundtable filed. |
| Feb 26 2019 | Brief amicus curiae of Securities Industry and Financial Markets Association filed. |
| Feb 26 2019 | Brief amicus curiae of United States in support of neither party filed. |
| Feb 26 2019 | Brief amicus curiae of Washington Legal Foundation filed. |
| Feb 26 2019 | Brief amicus curiae of Phillip Goldstein filed. |
| Mar 20 2019 | CIRCULATED |
| Mar 21 2019 | Record requested from the U.S.C.A. 9th Circuit. |
| Mar 21 2019 | Brief of respondents Gary Varjabedian, et al. filed. (Distributed) |
| Mar 22 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Mar 28 2019 | Brief amicus curiae of North American Securities Administrators Association, Inc. filed. (Distributed) |
| Mar 28 2019 | Brief amici curiae of Institutional Investors filed. (Distributed) |
| Mar 28 2019 | Brief amici curiae of Legal Scholars filed. (Distributed) |
| Apr 01 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Apr 08 2019 | Reply of petitioners Emulex Corporation, et al. filed. (Distributed) |
| Apr 15 2019 | Argued. 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 2019 | Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam. |
| May 28 2019 | JUDGMENT ISSUED. |
