|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-926||1st Cir.||N/A||N/A||N/A||N/A||OT 2019|
Issues: (1) Whether an ERISA plaintiff bears the burden of proving that “losses to the plan result[ed] from” a fiduciary breach, as the U.S. Courts of Appeals for the 2nd, 6th, 7th, 9th, 10th and 11th Circuits have held, or whether ERISA defendants bear the burden of disproving loss causation, as the U.S. Court of Appeals for the 1st Circuit concluded, joining the U.S. Courts of Appeals for the 4th, 5th and 8th Circuits; and (2) whether, as the U.S. Court of Appeals for the 1st Circuit concluded, showing that particular investment options did not perform as well as a set of index funds, selected by the plaintiffs with the benefit of hindsight, suffices as a matter of law to establish “losses to the plan.” CVSG: 11/27/2019.
|Date||Proceedings and Orders |
|Jan 11 2019||Petition for a writ of certiorari filed. (Response due February 15, 2019)|
|Jan 24 2019||Motion to extend the time to file a response from February 15, 2019 to March 15, 2019, submitted to The Clerk.|
|Jan 28 2019||Motion to extend the time to file a response is granted and the time is extended to and including March 15, 2019.|
|Feb 15 2019||Brief amicus curiae of Investment Company Institute filed.|
|Feb 15 2019||Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.|
|Feb 15 2019||Brief amicus curiae of The American Council of Life Insurers filed.|
|Mar 14 2019||Brief of respondents John Brotherston, et al. in opposition filed.|
|Apr 01 2019||Reply of petitioners Putnam Investments, LLC, et al. filed.|
|Apr 02 2019||DISTRIBUTED for Conference of 4/18/2019.|
|Apr 22 2019||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Nov 27 2019||Brief amicus curiae of United States filed.|
|Dec 10 2019||Supplemental brief of petitioners Putnam Investments, LLC, et al. filed.|
|Dec 11 2019||DISTRIBUTED for Conference of 1/10/2020.|
|Jan 13 2020||Petition DENIED.|
NEW: SCOTUS adds one new case to its docket for next term: Hemphill v. New York, a criminal-procedure case about the interaction between hearsay rules and the right of defendants to confront witnesses against them. Still no action on major petitions involving guns and abortion.
The court will release orders at 9:30 a.m. EDT followed by oral argument in two cases.
First, whether Alaska Native regional and village corporations are “Indian Tribes” for purposes of CARES Act Covid-related relief.
By @StanfordLaw’s Gregory Ablavsky.
Are Alaska Native corporations Indian tribes? A multimillion-dollar question - SCOTUSblog
Are Alaska Native corporations — special corporations that Congress created in 1971 when it resolved Native claims ...
It's official: In the first-ever SCOTUS bracketology tournament, our readers have chosen CHIEF JUSTICE EARL WARREN as the greatest justice in history. The author of Brown v. Board, Loving v. Virginia, and Miranda v. Arizona defeated top-seeded John Marshall in the final round.
We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here: https://www.scotusblog.com/2021/04/the-great-chief-and-the-super-chief-a-final-showdown-in-supreme-court-march-madness/
Cast your vote below!
NEW: The Supreme Court will issue opinion(s?) next Thursday April 22. We’re still waiting on decisions in the ACA case and Fulton v. City of Philadelphia about religious liberty and LGBT rights.
Four Democrats unveiled legislation today to expand the size of the Supreme Court from nine justices to 13 -- but Democratic leaders in both the House and Senate quickly threw cold water on the proposal.
Here's our report from @jamesromoser:
Bill to enlarge the Supreme Court faces dim prospects in Congress - SCOTUSblog
Four congressional Democrats introduced legislation Thursday to expand the number of seats on the Supreme Court from ...
We're so excited about our April 15 Live Webinar (w/ @HarvardACS & @HarvardFedSoc), Covering the Court, featuring an all-star lineup of panelists @jduffyrice, @katieleebarlow, @whignewtons, & @stevenmazie! _👩⚖️👩⚖️👩⚖️👨⚖️👨⚖️👨⚖️👨⚖️👨⚖️👨⚖️_ Register here ➡️ https://harvard.zoom.us/webinar/register/WN_k_b_9IPBQ_GV37rpsjF9kw
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