|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.|
#SCOTUS does not take up 2nd question in the case, on whether to overrule its 2020 decision in McGirt v. Oklahoma. Full order is here: https://www.supremecourt.gov/orders/courtorders/012122zr_3f14.pdf https://twitter.com/AHoweBlogger/status/1484606315519516675
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