|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|20-289||2nd Cir.||N/A||N/A||N/A||N/A||OT 2020|
Issues: (1) Whether Fifth Third Bancorp v. Dudenhoeffer’s “more harm than good” standard can be satisfied by generalized allegations that the harm of an inevitable disclosure of an alleged fraud generally increases over time and thus plan fiduciaries should have made earlier disclosures through regular securities-law filings; and (2) whether the Employee Retirement Income Security Act imposes a duty on a plan fiduciary who is also a corporate officer to use inside information for the benefit of plan participants.
|Date||Proceedings and Orders |
|Sep 01 2020||Petition for a writ of certiorari filed. (Response due October 5, 2020)|
|Oct 05 2020||Brief of respondents Larry Jander, et al. in opposition filed.|
|Oct 20 2020||Reply of petitioners Retirement Plans Committee of IBM, et al. filed. (Distributed)|
|Oct 21 2020||DISTRIBUTED for Conference of 11/6/2020.|
|Nov 09 2020||Petition DENIED.|
A surprising stat at this point in the term: Both Kagan and Breyer have been in the majority slightly more often than Alito.
Kavanaugh continues to have the highest rate (as he has for most of the term). Sotomayor has the lowest.
Still 15 cases left. So this could all change.
The first two pieces in our symposium on yesterday's decision in Fulton v. Philadelphia are up. First, @JimOleske dissects the decision in light of the court's shadow-docket ruling in Tandon v. Newsom, which took a very different approach to free exercise.
Fulton quiets Tandon’s thunder: A free exercise puzzle - SCOTUSblog
This article is the first entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. ...
Number of pages written by each justice in the five decisions handed down this week (majority opinions, concurrences, and dissents all included):
While today's decision in Fulton v. Philadelphia is a win for a Catholic group seeking to participate in the city's foster program, it stops short of the broad endorsement of religious freedom the challengers had hoped for. Here's @AHoweBlogger's analysis:
Court holds that city’s refusal to make referrals to faith-based agency violates Constitution - SCOTUSblog
In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday...
Now do we say that Sonia Sotomayor and the other liberals supported child slavery by all voting for Nestle today? Of course not. And Nestle’s lawyers like @Neal_katyal obviously don’t either. The cheap attacks on the court and thoughtful lawyers did not age well. -tg
The claim @nealkatyal was defending slavery is flat wrong & libelous. Here is what he actually said, which is the reverse: child slavery is abhorrent, criminal, horrific. Remember in a pending case he can't comment, so read what he really said in full.
Tired from this morning's momentous opinions? Get ready to do it all again next week -- three times. The court just revealed that next Monday, Wednesday and Friday will all be opinion days.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.