Murray v. UBS Securities, LLC
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-660 | 2nd Cir. | Oct 10, 2023 | Feb 8, 2024 | 9-0 | Sotomayor | OT 2023 |
Holding: A whistleblower seeking to invoke the protections of the Sarbanes-Oxley Act must prove that their protected activity was a contributing factor in the employer"s unfavorable personnel action, but need not prove that the employer acted with "retaliatory intent."
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on February 8, 2024. Justice Alito filed an concurring opinion, in which Justice Barrett joined.
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| Date | Proceedings and Orders |
|---|---|
| 11/11/2022 | Application (22A438) to extend the time to file a petition for a writ of certiorari from December 14, 2022 to January 13, 2023, submitted to Justice Sotomayor. |
| 11/16/2022 | Application (22A438) granted by Justice Sotomayor extending the time to file until January 13, 2023. |
| 01/13/2023 | Petition for a writ of certiorari filed. (Response due February 17, 2023) |
| 02/03/2023 | Motion to extend the time to file a response from February 17, 2023 to March 20, 2023, submitted to The Clerk. |
| 02/06/2023 | Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2023. |
| 02/17/2023 | Brief amicus curiae of Public Citizen filed. |
| 02/17/2023 | Brief amici curiae of U.S. Senator Charles E. Grassley, et al. filed. (April 13, 2023) (Distributed) |
| 03/20/2023 | Brief of respondents UBS Securities, LLC, et al. in opposition filed. |
| 04/05/2023 | DISTRIBUTED for Conference of 4/21/2023. |
| 04/05/2023 | Reply of petitioner Trevor Murray filed. (Distributed) |
| 04/24/2023 | DISTRIBUTED for Conference of 4/28/2023. |
| 05/01/2023 | Petition GRANTED. |
| 05/05/2023 | Motion for an extension of time for the filing of the briefs on the merits filed. |
| 05/17/2023 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 27, 2023. The time to file respondents' brief on the merits is extended to and including August 8, 2023. |
| 06/27/2023 | Brief of Trevor Murray not accepted for filing. (To be corrected and reprinted) |
| 06/27/2023 | Brief of petitioner Trevor Murray filed. (Docketed July 13, 2023) |
| 06/27/2023 | Joint appendix filed. |
| 06/30/2023 | Brief amicus curiae of National Whistleblower Center filed. |
| 06/30/2023 | Amicus brief of Senator Chalres Grassley & Senator Ron Wyden not accepted for filing. (July 05, 2023 - Duplicate submission) |
| 06/30/2023 | Brief amici curiae of Senator Chalres Grassley, et al. filed. |
| 07/05/2023 | Brief amicus curiae of United States filed. |
| 07/05/2023 | Brief amici curiae of The Anti-Fraud Coalition, et al. filed. |
| 07/05/2023 | Brief amicus curiae of Public Citizen filed. |
| 07/05/2023 | Brief amicus curiae of Academy of Rail Labor Attorneys filed. |
| 07/14/2023 | SET FOR ARGUMENT on Tuesday, October 10, 2023. |
| 07/17/2023 | Record requested from the United States Court of Appeals for the Second Circuit. |
| 07/21/2023 | Sealed material from the USDC, S. Dist., NY available with the Clerk. |
| 07/27/2023 | CIRCULATED |
| 07/27/2023 | Record from the United States Court of Appeals for the Second Circuit electronically received and available with the Clerk. |
| 08/08/2023 | Brief of respondents UBS Securities, LLC, et al. filed. (Distributed) |
| 08/11/2023 | Brief amicus curiae of The Society for Human Resource Management filed. (Distributed) |
| 08/14/2023 | Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| 08/15/2023 | Brief amicus curiae of Securities Industry and Financial Markets Association filed. (Distributed) |
| 08/15/2023 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed) |
| 08/15/2023 | Brief amicus curiae of Airlines for America filed. (Distributed) |
| 08/15/2023 | Brief amicus curiae of American Association of Railroads filed. (Distributed) |
| 08/15/2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 09/07/2023 | Reply of petitioner Trevor Murray filed. (Distributed) |
| 09/26/2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/10/2023 | Argued. For petitioner: Easha Anand, Stanford, Cal.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Eugene Scalia, Washington, D. C. |
| 02/08/2024 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Barrett, J., joined. |
| 03/11/2024 | Judgment issued. |
| 08/13/2024 | Record returned to the United States District Court for the Southern District of New York. |