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Lorenzo v. Securities and Exchange Commission

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-1077	D.C. Cir.	Dec 3, 2018 Tr.Aud.	TBD	TBD	TBD	OT 2018

Issue: Whether a misstatement claim that does not meet the elements set forth in Janus Capital Group, Inc. v. First Derivative Traders can be repackaged and pursued as a fraudulent-scheme claim.

SCOTUSblog Coverage

Argument analysis: Justices appear divided in debate over anti-fraud securities rules (Ronald Mann)
Argument preview: Court once again to examine anti-fraud rules of securities law (Ronald Mann)
Five new grants, one CVSG, but no Arlene’s Flowers (Amy Howe)
Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Dec 15 2017	Application (17A657) to extend the time to file a petition for a writ of certiorari from December 28, 2017 to January 26, 2018, submitted to The Chief Justice.
Dec 19 2017	Application (17A657) granted by The Chief Justice extending the time to file until January 26, 2018.
Jan 26 2018	Petition for a writ of certiorari filed. (Response due March 2, 2018)
Feb 23 2018	Motion to extend the time to file a response from March 2, 2018 to April 2, 2018, submitted to The Clerk.
Feb 27 2018	Motion to extend the time to file a response is granted and the time is extended to and including April 2, 2018.
Mar 26 2018	Motion to extend the time to file a response from April 2, 2018 to May 2, 2018, submitted to The Clerk.
Mar 28 2018	Motion to extend the time to file a response is granted and the time is further extended to and including May 2, 2018.
May 02 2018	Brief of respondent Securities and Exchange Commission in opposition filed.
May 22 2018	DISTRIBUTED for Conference of 6/7/2018.
May 23 2018	Reply of petitioner Francis V. Lorenzo filed. (Distributed)
Jun 11 2018	DISTRIBUTED for Conference of 6/14/2018.
Jun 18 2018	Petition GRANTED.
Jul 31 2018	Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 20, 2018. The time to file respondent's brief on the merits is extended to and including October 5, 2018.
Jul 31 2018	Motion for an extension of time to file the opening briefs on the merits filed.
Aug 20 2018	Brief of petitioner Francis V. Lorenzo filed.
Aug 20 2018	Joint appendix filed. (Statement of costs filed.)
Aug 27 2018	Amicus brief of Securities Law Professors not accepted for filing. (Duplicate submission - September 10, 2018)
Aug 27 2018	Brief amici curiae of Securities Law Professors filed.
Aug 27 2018	Brief amici curiae of Securities Industry and Financial Markets Association and Chamber of Commerce of the United States of America filed.
Oct 05 2018	Brief of respondent Securities and Exchange Commission filed.
Oct 05 2018	Motion to argue pro hac vice filed by respondent Securities and Exchange Commission.
Oct 09 2018	SET FOR ARGUMENT on Monday, December 3, 2018
Oct 12 2018	Brief amicus curiae of The North American Securities Administrators Association, Inc. filed.
Oct 15 2018	Record received from the U.S.C.A. District of Columbia Circuit.
Oct 19 2018	CIRCULATED
Oct 19 2018	Justice Kavanaugh is recused in this case.
Oct 26 2018	Motion to argue pro hac vice filed by respondent GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
Nov 01 2018	Reply of petitioner Francis V. Lorenzo filed. (Distributed)
Dec 03 2018	Argued. For petitioner: Robert Heim, New York, N. Y.; For respondent: Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (pro hac vice.)

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
On Wednesday, the justices hear oral argument in Knick v. Township of Scott and Tennessee Wine & Spirits Retailers Association v. Blair.
On Friday, the justices meet for their January 18 conference.
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  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
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  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
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  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
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Cases argued 41

Cases decided 9

Summary reversals 2

Merits cases granted to date 73

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Jan. 2019

Su	Mo	Tu	We	Th	Fr	Sa
		1 Holiday	2	3	4 Conference	5
6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
20	21 Holiday	22 Orders	23	24	25	26
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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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Awarded the Webby Award for excellence on the internet.

Cases argued	41
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Editor's Note :

Lorenzo v. Securities and Exchange Commission

SCOTUSblog Coverage

Featured Posts

Opinion analysis: Justices uphold arbitration exemption for transportation workers in rare victory for arbitration opponents – Ronald Mann

Argument analysis: When is the government not really the government for immunity from tort liability? – Gregory Sisk

Argument analysis: Quiescent bench dubious about broad fee awards in copyright cases – Ronald Mann

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Merits Case Pages and Archives

Recent Decisions

Current Relists

Conference of January 11, 2019

Major Cases

Recent Special Features

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Jan. 2019

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First Mondays see all

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award