Proskauer Rose LLP v. Troice

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Proskauer Rose LLP v. Troice

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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.

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Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

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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 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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- Apple Inc. v. Pepper Respondents, who purchased apps for their iPhones though Apple’s App Store, were direct purchasers from Apple under Illinois Brick Co. v. Illinois and may sue Apple for allegedly monopolizing the retail market for the sale of iPhone apps.
- Cochise Consultancy Inc. v. United States, ex rel. Hunt The limitations period in 31 U.S.C. §3731(b)(2) -- which provides that a False Claims Act action must be brought within three years after the “the official of the United States charged with responsibility to act in the circumstances” knew or should have known the relevant facts, but not more than 10 years after the violation -- applies in a qui tam suit in which the federal government has declined to intervene; the relator in a nonintervened suit is not “the official of the United States” whose knowledge triggers §3731(b)(2)’s limitations period.
- Franchise Tax Board of California v. Hyatt Nevada v. Hall is overruled; states retain their sovereign immunity from private suits brought in courts of other states.
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Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- 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.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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