Breaking News

Macquarie Infrastructure Corp. v. Moab Partners, L.P.

Docket No. Op. Below Argument Opinion Vote Author Term
22-1165 2nd Cir. Jan 16, 2024
Apr 12, 2024 9-0 Sotomayor OT 2023

Holding: Pure omissions are not actionable under SEC Rule 10b–5(b), which makes it unlawful to omit material facts in connection with buying or selling securities when that omission renders “statements made” misleading.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Sotomayor on April 12, 2024.

DateProceedings and Orders (key to color coding)
Apr 14 2023Application (22A920) to extend the time to file a petition for a writ of certiorari from April 27, 2023 to May 30, 2023, submitted to Justice Sotomayor.
Apr 24 2023Application (22A920) granted by Justice Sotomayor extending the time to file until May 30, 2023.
May 30 2023Petition for a writ of certiorari filed. (Response due July 3, 2023)
Jun 16 2023Waiver of right of respondent Barclays Capital Inc. to respond filed.
Jun 21 2023Motion to extend the time to file a response from July 3, 2023 to August 2, 2023, submitted to The Clerk.
Jun 22 2023Motion to extend the time to file a response is granted and the time is extended to and including August 2, 2023.
Jul 03 2023Brief amicus curiae of Washington Legal Foundation filed.
Jul 03 2023Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
Jul 26 2023Motion to extend the time to file a response from August 2, 2023 to August 11, 2023, submitted to The Clerk.
Jul 27 2023Motion to extend the time to file a response is granted and the time is further extended to and including August 11, 2023.
Aug 11 2023Brief of respondent Moab Partners, L.P. in opposition filed.
Aug 28 2023Reply of petitioners Macquarie Infrastructure Corp., et al. filed. (Distributed)
Aug 30 2023DISTRIBUTED for Conference of 9/26/2023.
Sep 29 2023Petition GRANTED.
Nov 13 2023Brief of petitioners Macquarie Infrastructure Corp., et al. filed.
Nov 13 2023Joint appendix filed. (Statement of costs filed)
Nov 13 2023Brief of respondent Barclays Capital Inc. in support of vacatur filed.
Nov 17 2023SET FOR ARGUMENT on Tuesday, January 16, 2024.
Nov 20 2023Record requested from the United States Court of Appeals for the Second Circuit.
Nov 20 2023Brief amicus curiae of Atlantic Legal Foundation filed.
Nov 20 2023Brief amicus curiae of Washington Legal Foundation filed.
Nov 20 2023Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
Nov 20 2023Brief amicus curiae of The Society for Corporate Governance filed.
Nov 29 2023Record received from the United States Court of Appeals for the Second Circuit. The record is electronic and is available with the Clerk.
Nov 30 2023CIRCULATED
Dec 13 2023Brief of respondent Moab Partners, L.P. filed. (Distributed)
Dec 20 2023Brief amicus curiae of United States filed. (Distributed)
Dec 20 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 20 2023Brief amici curiae of Former SEC Officials filed. (Distributed)
Dec 20 2023Brief amici curiae of Consumer Advocates filed. (Distributed)
Dec 20 2023Brief amici curiae of Law and Business Professors filed. (Distributed)
Dec 20 2023Brief amici curiae of Institutional Investors filed. (Distributed)
Jan 05 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 05 2024Reply of petitioners Macquarie Infrastructure Corp., et al. filed. (Distributed)
Jan 05 2024Reply of respondent Barclays Capital Inc. in support of vacatur filed. (Distributed)
Jan 16 2024Argued. For petitioners: Linda T. Coberly, Chicago, Ill. For respondent Moab Partners, L.P.: David C. Frederick, Washington, D. C.; and Ephraim McDowell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Apr 12 2024Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.