|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-1165||2d Cir.||Nov 6, 2019||Jan 14, 2020||N/A||Per Curiam||OT 2019|
Holding: This case, about whether plaintiffs can state a claim against retirement-plan fiduciaries for breach of duty of prudence by alleging that the costs of undisclosed fraud grow over time, is vacated and remanded to the U.S. Court of Appeals for the 2nd Circuit for a determination on whether to consider two arguments raised in the briefs at the Supreme Court but not in the lower courts.
Judgment: Vacated and remanded in a per curiam opinion on January 14, 2020. Justice Kagan filed a concurring opinion, in which Justice Ginsburg joined. Justice Gorsuch filed a concurring opinion.
|Date||Proceedings and Orders |
|Mar 04 2019||Petition for a writ of certiorari filed. (Response due April 8, 2019)|
|Apr 01 2019||Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk.|
|Apr 04 2019||Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2019.|
|Apr 08 2019||Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.|
|Apr 18 2019||Brief of respondents Larry Jander, et al. in opposition filed.|
|May 06 2019||Reply of petitioners Retirement Plans Committee of IBM, et al. filed.|
|May 07 2019||DISTRIBUTED for Conference of 5/23/2019.|
|May 28 2019||DISTRIBUTED for Conference of 5/30/2019.|
|Jun 03 2019||Petition GRANTED.|
|Jul 01 2019||Joint motion for an extension of time to file the briefs on the merits filed.|
|Jul 08 2019||SET FOR ARGUMENT on Wednesday, November 6, 2019.|
|Jul 11 2019||Blanket Consent filed by Petitioners, Retirement Plans Committee of IBM, et al.|
|Jul 16 2019||Joint motion for an extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 6, 2019. The time to file respondents' brief on the merits is extended to and including September 24, 2019.|
|Aug 06 2019||Brief of petitioners Retirement Plans Committee of IBM, et al. filed.|
|Aug 06 2019||Joint appendix filed.|
|Aug 13 2019||Brief amicus curiae of the United States in support of neither party filed.|
|Aug 13 2019||Brief amici curiae of The Securities Industry and Financial Markets Association, The Chamber of Commerce of the United States of America, and The Business Roundtable filed.|
|Aug 13 2019||Brief amicus curiae of DRI—The Voice of the Defense Bar filed.|
|Aug 13 2019||Brief amici curiae of American Benefits Council and ERISA Industry Committee filed.|
|Sep 03 2019||CIRCULATED|
|Sep 16 2019||Record requested from the U.S.C.A. 2nd Circuit.|
|Sep 16 2019||Record received from the U.S.C.A. 2nd Circuit it electronic.|
|Sep 24 2019||Brief of respondents Larry W. Jander, et al. filed. (Distributed)|
|Sep 27 2019||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Oct 01 2019||Brief amici curiae of American Association for Justice and Public Justice filed. (Distributed)|
|Oct 01 2019||Brief amicus curiae of Occupy the SEC filed. (Distributed)|
|Oct 01 2019||Brief amici curiae of Law Professors filed. (Distributed)|
|Oct 15 2019||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Oct 24 2019||Reply of petitioners Retirement Plans Committee of IBM, et al. filed. (Distributed)|
|Nov 06 2019||Argued. For petitioners: Paul D. Clement, Washington, D. C. For United States, as amicus curiae: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Samuel Bonderoff, New York, N. Y.|
|Jan 14 2020||Judgment VACATED and case REMANDED. Kagan, J., filed a concurring opinion, in which Ginsburg, J., joined. Gorsuch, J., filed a concurring opinion. Opinion per curiam.|
|Feb 18 2020||JUDGMENT ISSUED.|
How has COVID-19 changed the Supreme Court? And are any of those changes worth keeping? Today we launch a symposium examining those questions.
First up, a piece from @stevenmazie on how to reform oral arguments after the pandemic.
The court after COVID: A recipe for oral argument reform - SCOTUSblog
The Supreme Court has not yet announced whether it will return to normal operations when the 2021-22 term begins ...
NEW shadow-docket case: New York landlords ask SCOTUS for an emergency order to prevent the state from continuing to enforce its COVID-related eviction moratorium. They say the moratorium "runs roughshod" over their constitutional rights.
Filing here: https://www.scotusblog.com/wp-content/uploads/2021/07/21A8-1.pdf
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
Biden’s SCOTUS reform commission met yesterday and discussed several reform ideas including adding justices and adopting a formal code of ethics.
Term limits emerged as a popular idea. But how to implement it — via statute or constitutional amendment?
Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...
I really enjoyed getting to chat with the incomparable @AHoweBlogger about (1) why #SCOTUS's "shadow docket" *is* a big deal; (2) why it's so hard to figure out how to include it in broader assessments of the Justices' work; and (3) some possible ways to include it going forward. https://twitter.com/SCOTUSblog/status/1417545384314949635
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.