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The Supreme Court will release orders from the February 15 conference on Tuesday, February 19, at 9:30 a.m. There is a possibility of opinions on Wednesday, February 20, at 10:00 a.m.

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Emulex Corp. v. Varjabedian

Docket No. Op. Below Argument Opinion Vote Author Term
18-459 9th Cir. Apr 15, 2019

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.

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
Term Snapshot