Proskauer Rose LLP v. Troice

Proskauer Rose LLP v. Troice

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty – Bethany Berger

A “view” from the courtroom: Trials of Mississippi – Mark Walsh

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-88	5th Cir.	Oct 7, 2013 Tr.Aud.	Feb 26, 2014	7-2	Breyer	OT 2013

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as counsel to the respondents in this case.

Holding: The Securities Litigation Uniform Standards Act of 1988 does not preclude the plaintiffs' state-law class actions contending that the defendants assisted in perpetrating a Ponzi scheme by falsely representing that uncovered securities that plaintiffs were purchasing were backed by covered securities.

Judgment: Affirmed, 7-2, in an opinion by Justice Breyer on February 26, 2014. Justice Thomas filed a concurring opinion. Justice Kennedy filed a dissenting opinion, in which Justice Alito joined.

Opinion analysis: Scope of federal preclusion of state law actions (Allen Ferrell)
Argument analysis: Ghost of Madoff hangs over state securities class actions (Allen Ferrell)
Argument preview: Justices tackle preclusion of state class actions involving securities (Allen Ferrell)
Petitions of the day (Ben Cheng)

Date	Proceedings and Orders (key to color coding)
Jul 18 2012	Petition for a writ of certiorari filed. (Response due August 22, 2012)
Jul 25 2012	Letter of July 25, 2012, from counsel for respondent Thomas V. Sjoblom received.
Aug 20 2012	Brief of respondents Samuel Troice, et al. in opposition filed. VIDED.
Aug 22 2012	Motion for leave to file amicus brief filed by Breazeale, Sachse & Wilson, LLP. VIDED.
Sep 4 2012	Reply of petitioner Proskauer Rose LLP filed. (Distributed)
Sep 5 2012	DISTRIBUTED for Conference of September 24, 2012.
Oct 1 2012	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 14 2012	Brief amicus curiae of United States filed. VIDED.
Dec 24 2012	Supplemental brief of respondents Samuel Troice, et al. filed. VIDED.
Dec 26 2012	DISTRIBUTED for Conference of January 11, 2013.
Dec 26 2012	Letter of December 26, 2012, from counsel for respondent Thomas V. Sjoblom received. VIDED. (Distributed)
Dec 26 2012	Supplemental brief of petitioner Proskauer Rose LLP filed. (Distributed)
Jan 14 2013	DISTRIBUTED for Conference of January 18, 2013.
Jan 18 2013	Motion for leave to file amicus brief filed by Breazeale, Sachse & Wilson, LLP GRANTED.
Jan 18 2013	The petition for a writ of certiorari is granted limited to Question 1 presented by the petition. The petition for a writ of certiorari in No. 12-79 is granted limited to Question 1 presented by the petition. The petition for a writ of certiorari in No. 12-86 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED
Feb 7 2013	The time to file the joint appendix and petitioners' briefs on the merits is extended to and including May 3, 2013. VIDED.
Feb 27 2013	The time to file respondents' briefs on the merits is extended to and including July 18, 2013. VIDED
Apr 9 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for all respondents. VIDED.
Apr 30 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner Proskauer Rose LLP. VIDED.
May 3 2013	Joint appendix filed .(2 Volumes) VIDED. (Statement of costs filed)
May 3 2013	Brief of petitioner Proskauer Rose LLP filed.
May 3 2013	Letter of respondent Thomas V. Sjoblom in support filed. VIDED.
May 3 2013	Letter of respondent P. Mauricio Alvarado in support filed.
May 8 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Thomas V. Sjoblom. VIDED.
May 9 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for P. Mauricio Alvarado. VIDED.
May 10 2013	Brief amicus curiae of United States filed. VIDED.
May 10 2013	Brief amicus curiae of Breazeale, Sachse & Wilson, LLP filed. VIDED.
May 10 2013	Brief amicus curiae of Securities Industry and Financial Markets Association filed. VIDED.
May 10 2013	Brief amicus curiae of DRI-The Voice of the Defense Bar filed. VIDED.
Jun 12 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Jul 18 2013	Brief of respondents Samuel Troice, et al. filed. VIDED. (Distributed)
Jul 22 2013	CIRCULATED. VIDED.
Jul 23 2013	SET FOR ARGUMENT on Monday, October 7, 2013. VIDED
Jul 24 2013	Brief amici curiae of Sixteen Law Professors filed. VIDED. (Distributed)
Jul 25 2013	Brief amici curiae of Court-Appointed Receiver and Examiner filed. VIDED. (Distributed)
Jul 25 2013	Brief amici curiae of Public Investors Arbitration Bar Association, et al. filed. (Reprinted) VIDED. (Distributed)
Jul 25 2013	Brief amicus curiae of National Association of Bankruptcy Trustees filed. VIDED. (Distributed)
Jul 25 2013	Brief amicus curiae of Occupy the SEC filed. VIDED. (Distributed)
Aug 2 2013	Record from U.S.C.A. for 5th Circuit is electronic and located on PACER.
Aug 2 2013	Record from U.S.D.C. for Northern District of Texas is electronic and located on PACER.
Aug 19 2013	Reply of petitioner Proskauer Rose LLP filed. (Distributed)
Aug 30 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 7 2013	Argued. For petitioners: Paul D. Clement, Washington, D. C.; and Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Thomas C. Goldstein, Bethesda, Md. VIDED.
Feb 26 2014	Adjudged to be AFFIRMED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a concurring opinion. Kennedy, J., filed a dissenting opinion, in which Alito, J., joined.
Mar 31 2014	JUDGMENT ISSUED.

Featured Posts

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty – Bethany Berger

A “view” from the courtroom: Trials of Mississippi – Mark Walsh
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The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
On Tuesday, the justices released their opinions in three cases: Air and Liquid Systems Corp. v. DeVries, Nielsen v. Preap and Washington State Department of Licensing v. Cougar Den Inc.
On Wednesday, the justices released their opinions in two cases: Obduskey v. McCarthy & Holthus LLP and Frank v. Gaos.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices heard oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices heard oral argument in Flowers v. Mississippi.
On Friday, the justices meet for their March 22 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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  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
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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.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
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- Frank v. Gaos This class action settlement case is remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
- Obduskey v. McCarthy & Holthus LLP A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
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Cases argued 52

Cases decided 26

Summary reversals 4

Merits cases granted to date 74

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Cases argued	52
Cases decided	26
Summary reversals	4
Merits cases granted to date	74

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)

27
KISOR V. WILKIE (18-15)

29
Conference