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Intel Corp. Investment Policy Committee v. Sulyma

Docket No. Op. Below Argument Opinion Vote Author Term
18-1116 9th Cir. Dec 4, 2019 Feb 26, 2020 9-0 Alito OT 2019

Holding: Under the requirement in the Employee Retirement Income Security Act of 1974 that plaintiffs with “actual knowledge” of an alleged fiduciary breach must file suit within three years of gaining that knowledge, a plaintiff does not necessarily have “actual knowledge” of the information contained in disclosures that he receives but does not read or cannot recall reading.

Judgment: Affirmed, 9-0, in an opinion by Justice Alito on February 26, 2020.

DateProceedings and Orders (key to color coding)
Feb 26 2019Petition for a writ of certiorari filed. (Response due March 28, 2019)
Mar 18 2019Motion to extend the time to file a response from March 28, 2019 to April 27, 2019, submitted to The Clerk.
Mar 21 2019Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2019.
Mar 28 2019Brief amici curiae of The National Association of Manufacturers, et al. filed.
Apr 29 2019Brief of respondent Christopher M. Sulyma in opposition filed.
May 14 2019DISTRIBUTED for Conference of 5/30/2019.
May 14 2019Reply of petitioners Intel Corporation Investment Policy Committee, et al. filed. (Distributed)
Jun 03 2019DISTRIBUTED for Conference of 6/6/2019.
Jun 10 2019Petition GRANTED.
Jun 17 2019Joint motion for an extension of time to file the briefs on the merits filed.
Jun 27 2019Joint motion for an extension of 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 21, 2019. The time to file respondent's brief on the merits is extended to and including October 21, 2019.
Aug 21 2019Blanket Consent filed by Petitioner, Intel Corporation Investment Policy Committee, et al.
Aug 21 2019Joint appendix (2 volumes) filed.
Aug 21 2019Brief of petitioners Intel Corporation Investment Policy Committee, et al. filed.
Aug 28 2019Brief amici curiae of The National Association of Manufacturers, et al. filed.
Sep 13 2019SET FOR ARGUMENT on Wednesday, December 4, 2019.
Oct 21 2019Brief of respondent Christopher M. Sulyma filed.
Oct 23 2019Record requested from the U.S.C.A. 9th Circuit.
Oct 25 2019CIRCULATED
Oct 28 2019Brief amicus curiae of United States filed. (Distributed)
Oct 28 2019Brief amici curiae of AARP and AARP Foundation filed. (Distributed)
Oct 28 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 28 2019Amicus brief of The Pension Rights Center not accepted for filing (October 31, 2019). (Corrected brief submitted).
Oct 28 2019Brief amicus curiae of The Pension Rights Center filed (October 29, 2019). (Distributed)
Nov 12 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 20 2019Reply of petitioners Intel Corporation Investment Policy Committee, et al. filed. (Distributed)
Dec 04 2019Argued. For petitioners: Donald B. Verrilli, Jr., Washington, D. C. For respondent: Matthew W.H. Wessler, Washington, D. C.; and Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Feb 26 2020Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court.
Mar 30 2020JUDGMENT ISSUED.