|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-667||10th Cir.||TBD||TBD||TBD||TBD||OT 2018|
Issue: Whether a plaintiff bears the full burden of establishing loss causation under 29 U.S.C. § 1109(a), which allows an employee plan to recover for “any losses to the plan resulting from [a fiduciary's] breach of its duties” under ERISA, as the U.S. Courts of Appeals for the 6th, 9th, 10th, and 11th Circuits have held, or whether the burden shifts to the fiduciary to establish the absence of loss causation once the beneficiary makes a prima facie case by establishing breach of fiduciary duty and associated loss, as the U.S. Courts of Appeals for the 2nd, 4th, 5th, and 8th Circuits have held.
|Date||Proceedings and Orders |
|Aug 04 2017||Application (17A164) to extend the time to file a petition for a writ of certiorari from September 3, 2017 to November 2, 2017, submitted to Justice Sotomayor.|
|Aug 10 2017||Application (17A164) granted by Justice Sotomayor extending the time to file until November 2, 2017.|
|Nov 02 2017||Petition for a writ of certiorari filed. (Response due December 6, 2017)|
|Nov 21 2017||Motion to extend the time to file a response from December 6, 2017 to February 5, 2018, submitted to The Clerk.|
|Nov 24 2017||Order extending time to file response to petition to and including February 5, 2018.|
|Feb 05 2018||Brief of respondent Alerus Financial, N.A. in opposition filed.|
|Feb 20 2018||Reply of petitioners Pioneer Centres Holding, et al. filed.|
|Feb 21 2018||DISTRIBUTED for Conference of 3/16/2018.|
|Mar 19 2018||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Sep 14 2018||Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 filed.|
|Sep 20 2018||Petition Dismissed - Rule 46.|
Cecilia (Cissy) Suyat Marshall, the widow of Thurgood Marshall, died this morning at 94. Here is the court's announcement.
BREAKING: The Supreme Court REJECTS Trump's bid to prevent the House Ways & Means Committee from obtaining his tax returns. No noted dissents.
The brief order may end years of litigation over the committee's efforts to review the tax records of Trump and his businesses.
JUST IN: Whisky, dog toys... and trademark law.
SCOTUS has agreed to hear a dispute between Jack Daniel's and a company that makes squeaking "Bad Spaniels" dog toys. The case will have implications for the tension between parody & intellectual property. https://www.supremecourt.gov/orders/courtorders/112122zr_e1p3.pdf
In a quiet Monday morning order list, SCOTUS adds no new cases to its docket. The court will not hear Brooks v. Abbott, a challenge to an alleged racial gerrymander of a state senate district in Texas. Here's the full order list: https://www.supremecourt.gov/orders/courtorders/112122zor_7lhn.pdf
JUST IN: The Biden administration, as expected, asks the Supreme Court to revive Biden's student-loan relief plan. The U.S. Court of Appeals for the 8th Circuit blocked the government from implementing the plan; Biden wants SCOTUS to lift that ruling. https://www.scotusblog.com/wp-content/uploads/2022/11/22A444-2.pdf
JUST IN: The Supreme Court DENIES Arizona GOP chair Kelli Ward's bid to block the Jan. 6 committee from reviewing her phone records. Clarence Thomas and Samuel Alito dissent from the court's brief, unexplained order denying Ward's request.
NEW: Another fight on the shadow docket over a subpoena seeking information about election interference. Arizona GOP chairwoman Kelli Ward is asking SCOTUS to block the Jan. 6 committee's subpoena for her phone records. Here's Ward's filing: https://www.scotusblog.com/wp-content/uploads/2022/10/22A350.pdf