|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.
|Date||Proceedings and Orders |
|Feb 26 2019||Petition for a writ of certiorari filed. (Response due March 28, 2019)|
|Mar 18 2019||Motion to extend the time to file a response from March 28, 2019 to April 27, 2019, submitted to The Clerk.|
|Mar 21 2019||Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2019.|
|Mar 28 2019||Brief amici curiae of The National Association of Manufacturers, et al. filed.|
|Apr 29 2019||Brief of respondent Christopher M. Sulyma in opposition filed.|
|May 14 2019||DISTRIBUTED for Conference of 5/30/2019.|
|May 14 2019||Reply of petitioners Intel Corporation Investment Policy Committee, et al. filed. (Distributed)|
|Jun 03 2019||DISTRIBUTED for Conference of 6/6/2019.|
|Jun 10 2019||Petition GRANTED.|
|Jun 17 2019||Joint motion for an extension of time to file the briefs on the merits filed.|
|Jun 27 2019||Joint 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 2019||Blanket Consent filed by Petitioner, Intel Corporation Investment Policy Committee, et al.|
|Aug 21 2019||Joint appendix (2 volumes) filed.|
|Aug 21 2019||Brief of petitioners Intel Corporation Investment Policy Committee, et al. filed.|
|Aug 28 2019||Brief amici curiae of The National Association of Manufacturers, et al. filed.|
|Sep 13 2019||SET FOR ARGUMENT on Wednesday, December 4, 2019.|
|Oct 21 2019||Brief of respondent Christopher M. Sulyma filed.|
|Oct 23 2019||Record requested from the U.S.C.A. 9th Circuit.|
|Oct 25 2019||CIRCULATED|
|Oct 28 2019||Brief amicus curiae of United States filed. (Distributed)|
|Oct 28 2019||Brief amici curiae of AARP and AARP Foundation filed. (Distributed)|
|Oct 28 2019||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Oct 28 2019||Amicus brief of The Pension Rights Center not accepted for filing (October 31, 2019). (Corrected brief submitted).|
|Oct 28 2019||Brief amicus curiae of The Pension Rights Center filed (October 29, 2019). (Distributed)|
|Nov 12 2019||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Nov 20 2019||Reply of petitioners Intel Corporation Investment Policy Committee, et al. filed. (Distributed)|
|Dec 04 2019||Argued. 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 2020||Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court.|
|Mar 30 2020||JUDGMENT ISSUED.|
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."