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Whitman v. United States

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Petition for certiorari denied on November 10, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
14-29 2d Cir. N/A N/A N/A N/A OT 2014

Issue: (1) Whether, in a prosecution for insider trading under § 10(b) of the Securities Exchange Act, 15 U.S.C. § 78j(b), the relevant inside information must have been a “significant factor” in the defendant’s decision to buy or sell, or whether -- as the court below held -- mere “knowing possession” of inside information suffices for a criminal conviction; (2) whether, in a prosecution for insider trading under § 10(b) of the Securities Exchange Act, 15 U.S.C. § 78j(b), the “fiduciary duty” element must be proved under well-established principles of state law, or whether -- as the court below held -- courts may define and impose the applicable fiduciary duty as a matter of federal common law; and (3) whether exculpatory testimony given by a witness during a deposition in a closely related federal enforcement proceeding is admissible under Federal Rule of Evidence 804(b) in a subsequent criminal trial when the witness is unavailable, or whether -- as the court below held -- such testimony may be excluded merely because it was given in a civil rather than criminal proceeding.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 8 2014Petition for a writ of certiorari filed. (Response due August 11, 2014)
Jul 21 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 6 2014Order extending time to file response to petition to and including September 10, 2014.
Aug 8 2014Brief amicus curiae of Allan Horwich filed.
Aug 8 2014Brief amicus curiae of Professor Stephen M. Bainbridge filed.
Sep 10 2014Brief of respondent United States in opposition filed.
Sep 24 2014DISTRIBUTED for Conference of October 10, 2014.
Sep 24 2014Reply of petitioner Douglas F. Whitman filed. (Distributed)
Oct 8 2014Rescheduled.
Oct 14 2014DISTRIBUTED for Conference of October 17, 2014.
Oct 16 2014Rescheduled.
Oct 27 2014DISTRIBUTED for Conference of October 31, 2014.
Oct 30 2014Rescheduled.
Nov 3 2014DISTRIBUTED for Conference of November 7, 2014.
Nov 10 2014Petition DENIED Statement of Justice Scalia, with whom Justice Thomas joins, respecting the denial of certiorari. (Detached Opinion)