Public Employees’ Retirement System of Mississippi v. IndyMac MBS, Inc.

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Public Employees’ Retirement System of Mississippi v. IndyMac MBS, Inc.

Opinion analysis: Court throws out legislators’ appeal in racial-gerrymandering case – Amy Howe

Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

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Conference of June 13, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-640	2d Cir.	Not Argued	Sep 29, 2014	TBD	TBD	OT 2014

Holding: Dismissed as improvidently granted.

Securities case dropped; split on legal issue remains (Lyle Denniston)
Court urged to go ahead with securities case (Lyle Denniston)
Court orders additional briefing in securities case (UPDATED) (Amy Howe)
Argument preview: Able opponents trade arguments in high-stakes dispute over deadlines for filing class actions (Ronald Mann)
Another look at class-action cases (Lyle Denniston)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Sep 13 2013	Application (13A270) to extend the time to file a petition for a writ of certiorari from September 25, 2013 to November 22, 2013, submitted to Justice Ginsburg.
Sep 17 2013	Application (13A270) granted by Justice Ginsburg extending the time to file until November 22, 2013.
Nov 22 2013	Petition for a writ of certiorari filed. (Response due December 26, 2013)
Dec 13 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Dec 16 2013	Order extending time to file response to petition to and including January 27, 2014.
Dec 18 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent General Retirement System of the City of Detroit.
Dec 20 2013	Waiver of right of respondent IndyMac MBS, Inc. to respond filed.
Dec 26 2013	Brief amici curiae of Public Pension Funds
Dec 26 2013	Brief amici curiae of Civil Procedure and Securities Law Professors filed.
Dec 26 2013	Brief amicus curiae of National Association of Shareholder and Consumer Attorneys filed.
Jan 27 2014	Brief of respondents Credit Suisse Securities (USA) LLC, et al. in opposition filed.
Feb 12 2014	DISTRIBUTED for Conference of February 28, 2014.
Feb 12 2014	Reply of petitioner Public Employees' Retirement System of Mississippi filed. (Distributed)
Mar 3 2014	DISTRIBUTED for Conference of March 7, 2014.
Mar 10 2014	Petition GRANTED.
Apr 7 2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 21, 2014.
Apr 7 2014	The time to file respondents' briefs on the merits is extended to and including July 17, 2014.
May 13 2014	Consent to the filing of amicus curiae briefs, in support of either party, or of neither party, received from counsel for the petitioner.
May 13 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Los Angeles County Employees Retirement Association.
May 13 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent General Retirement System of the City of Detroit.
May 15 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent IndyMac MBS Inc.
May 20 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents Credit Suisse Securities, Deutsche Bank Securities, Inc., Goldman Sachs & Co., and Morgan Stanley & Co. LLC.
May 21 2014	Brief of petitioner Public Employees' Retirement System of Mississippi filed.
May 21 2014	Joint appendix filed. 2 Volumes (statement of costs filed)
May 21 2014	Brief of respondents Los Angeles County Employees Retirement Association (LACERA) and General Retirement System of the City of Detroit in support of petitioner filed.
May 28 2014	Brief amici curiae of Public and Private Pension Funds filed.
May 28 2014	Brief amici curiae of Civil Procedure and Securities Law Professors filed.
May 28 2014	Brief amici curiae of Retired Federal Judges filed.
May 28 2014	Brief amicus curiae of W.R. Huff Asset Management Co., L.L.C. filed.
May 28 2014	Brief amicus curiae of AARP filed.
May 28 2014	Brief amicus curiae of American Association for Justice filed.
May 28 2014	Brief amicus curiae of Public Citizen, Inc. filed.
Jul 9 2014	Record requested from U.S.C.A. 2nd Circuit.
Jul 10 2014	Record received from U.S.C.A. 2nd Circuit. The record is electronic.
Jul 15 2014	Letter from counsel for respondent IndyMac MBS, Inc. notifying the Court that IndyMac MBS, Inc. will not file a brief on the merits in this case.
Jul 17 2014	Brief of respondents Credit Suisse Securities (USA) LLC, et al. filed.
Jul 18 2014	SET FOR ARGUMENT ON Monday, October 6, 2014
Jul 24 2014	Brief amicus curiae of Business Roundtable filed.
Jul 24 2014	Brief amicus curiae of Securities Industry and Financial Markets Association filed.
Aug 7 2014	CIRCULATED.
Aug 18 2014	Reply of petitioner Public Employees' Retirement System of Mississippi filed. (Distributed)
Sep 23 2014	The parties are directed to file letter briefs addressing the following question: What should be the effect, if any, of the proposed settlement agreement now pending before the district court on the matter pending before this Court? The briefs, limited to 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before noon, Thursday, September 25, 2014.
Sep 24 2014	Letter brief of respondents Credit Suisse Securities (USA) LLC, et al. filed. (Distributed)
Sep 25 2014	Letter brief of petitioner Public Employees' Retirement System of Mississippi filed. (Distributed)
Sep 25 2014	Letter from counsel for respondent IndyMac MBS, Inc. in support of letter of respondent Credit Suisse Securities (USA) LLC, et al. (Distributed)
Sep 29 2014	Writ of certiorari DISMISSED as improvidently granted.
Oct 31 2014	JUDGMENT ISSUED.

Featured Posts

Opinion analysis: Court throws out legislators’ appeal in racial-gerrymandering case – Amy Howe

Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe
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This Week at the Court
The Supreme Court released orders from the June 13 conference on Monday; the justices granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries.
Also on Monday, the justices released their opinions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill.
There is a possibility of opinions on Thursday. The justices meet for their June 20 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  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.
- Kisor v. Wilkie
  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.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (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
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Gamble v. United States The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
- Manhattan Community Access Corp. v. Halleck Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.
- Virginia House of Delegates v. Bethune-Hill The House of Delegates lacks standing to appeal the invalidation of Virginia’s redistricting plan.
- Virginia Uranium, Inc. v. Warren The U.S. Court of Appeals for the 4th Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the commonwealth is affirmed.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
- Roman Catholic Archdiocese of San Juan, Puerto Rico v. Feliciano Whether the First Amendment empowers courts to override the chosen legal structure of a religious organization and declare all of its constituent parts a single legal entity subject to joint and several liability.
More Petitions »
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Cases argued 69

Cases decided 49

Summary reversals 5

Merits cases granted to date 74

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Cases argued	69
Cases decided	49
Summary reversals	5
Merits cases granted to date	74

3
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6
Conference

10
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13
Conference

17
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20
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