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FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd.

Docket No. Op. Below Argument Opinion Vote Author Term
24-345 2nd Cir. Dec 10, 2025 TBD TBD TBD OT 2025

Issue: Whether Section 47(b) of the Investment Company Act creates an implied private right of action. CVSG: 5/22/2025

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
09/24/2024Petition for a writ of certiorari filed. (Response due October 28, 2024)
10/11/2024Letter from counsel for BlackRock ESG Capital Allocation Term Trust and BlackRock Municipal Income Fund submitted pursuant to Rule 12.6 filed.
10/28/2024Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
10/28/2024Brief amici curiae of Investment Company Institute, et al. filed.
11/06/2024DISTRIBUTED for Conference of 11/22/2024.
11/08/2024Response Requested. (Due December 9, 2024)
11/13/2024Motion to extend the time to file a response from December 9, 2024 to January 8, 2025, submitted to The Clerk.
11/18/2024Motion to extend the time to file a response is granted in part and the time is extended to and including December 17, 2024.
12/17/2024Brief of respondents Saba Capital Master Fund, Ltd., et al. in opposition filed.
12/19/2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
12/23/2024Reply of petitioners FS Credit Opportunities Corp., et al. filed. (Distributed)
12/24/2024DISTRIBUTED for Conference of 1/10/2025.
01/13/2025The Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/22/2025Brief amicus curiae of United States filed.
06/09/2025Supplemental brief of respondents Saba Capital Master Fund, Ltd., et al. filed. (Distributed)
06/10/2025DISTRIBUTED for Conference of 6/26/2025.
06/11/2025Supplemental brief of petitioners FS Credit Opportunities Corp., et al. filed. (Distributed)
06/30/2025Petition GRANTED.
07/03/2025Motion for an extension of time to file the briefs on the merits filed.
07/16/2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 27, 2025. The time to file respondents' brief on the merits is extended to and including October 9, 2025.
08/21/2025Motion to dispense with printing the joint appendix filed by petitioner FS Credit Opportunities Corp.
08/27/2025Brief of petitioners, and the BlackRock respondents supporting petitioners, filed.
08/29/2025Brief amicus curiae of Separation of Powers Clinic filed.
09/02/2025Amicus brief of Freedom and Justice Foundation in support of neither party not accepted for filing. (To be corrected - September 05, 2025)
09/02/2025Brief amicus curiae of Freedom and Justice Foundation in support of neither party filed (Corrected - September 10, 2025).
09/03/2025Brief amicus curiae of United States filed.
09/03/2025Brief amicus curiae of Mutual Fund Directors Forum filed.
09/03/2025Brief amicus curiae of Chamber of Commerce of the United States of America filed.
09/03/2025Brief amici curiae of Investment Company Institute, et al. filed.
09/30/2025Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
09/30/2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
10/09/2025Brief of respondents Saba Capital Master Fund, Ltd., et al. filed.
10/16/2025Amicus brief of Securities-Law Scholars and Former Senior SEC Officials not accepted for filing. (October 16, 2025)
10/16/2025Brief amicus curiae of Marlton Partners, L.P. filed.
10/16/2025Brief amicus curiae of ATG Capital Management, LLC filed.
10/16/2025Brief amici curiae of Securities-Law Scholars, et al. filed.
10/17/2025SET FOR ARGUMENT on Wednesday, December 10, 2025.
10/22/2025Record requested from the United States Court of Appeals for the Second Circuit.
10/22/2025CIRCULATED
10/24/2025Electronic record received from the United States Court of Appeals for the Second Circuit and available with the Clerk.
10/24/2025Record received from the United States District Court for the Southern District of New York. The record is electronic and is available on PACER.