|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-86||5th Cir.||Oct 7, 2013||Feb 26, 2014||7-2||Breyer||OT 2013|
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as counsel to the respondents in this case.
Holding: The Securities Litigation Uniform Standards Act of 1988 does not preclude the plaintiffs' state-law class actions contending that the defendants assisted in perpetrating a Ponzi scheme by falsely representing that uncovered securities that plaintiffs were purchasing were backed by covered securities.
Judgment: Affirmed, 7-2, in an opinion by Justice Breyer on February 26, 2014. Justice Thomas filed a concurring opinion. Justice Kennedy filed a dissenting opinion, in which Justice Alito joined.
|Date||Proceedings and Orders |
|Jul 18 2012||Petition for a writ of certiorari filed. (Response due August 22, 2012)|
|Aug 16 2012||Brief of respondents James Roland, et al., and Leah Farr, et al. in opposition filed.|
|Aug 20 2012||Brief of respondents Samuel Troice, et al. in opposition filed. VIDED.|
|Aug 22 2012||Motion for leave to file amicus brief filed by DRI-The Voice of the Defense Bar.|
|Aug 22 2012||Motion for leave to file amicus brief filed by Breazeale, Sachse & Wilson, LLP. VIDED.|
|Sep 4 2012||Reply of petitioners Willis of Colorado Incorporated, et al. filed.|
|Sep 5 2012||DISTRIBUTED for Conference of September 24, 2012.|
|Oct 1 2012||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Dec 14 2012||Brief amicus curiae of United States filed. VIDED.|
|Dec 24 2012||Supplemental brief of respondents Samuel Troice, et al. filed. VIDED.|
|Dec 26 2012||DISTRIBUTED for Conference of January 11, 2013.|
|Dec 26 2012||Supplemental brief of petitioners Willis of Colorado Incorporated, et al. filed. (Distributed)|
|Dec 26 2012||Supplemental brief of respondents James Roland, et al., and Leah Farr, et al. filed. (Distributed)|
|Jan 14 2013||DISTRIBUTED for Conference of January 18, 2013.|
|Jan 18 2013||Motion for leave to file amicus brief filed by DRI-The Voice of the Defense Bar GRANTED.|
|Jan 18 2013||Motion for leave to file amicus brief filed by Breazeale, Sachse & Wilson, LLP GRANTED.|
|Jan 18 2013||Petition GRANTED. The petition for a writ of certiorari in No. 12-79 is granted limited to Question 1 presented by the petition. The petition for a writ of certiorari in No. 12-88 is granted limited to Question 1 presented by the petition. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.|
|Feb 7 2013||The time to file the joint appendix and petitioners' briefs on the merits is extended to and including May 3, 2013. VIDED.|
|Feb 27 2013||The time to file respondents' briefs on the merits is extended to and including July 18, 2013. VIDED|
|Apr 9 2013||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners Willis of Colorado, et al. VIDED.|
|Apr 9 2013||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for all respondents. VIDED.|
|May 3 2013||Joint appendix filed. (2 Volumes) VIDED. (Statement of costs filed)|
|May 3 2013||Brief of petitioners Willis of Colorado Incorporated, et al. filed.|
|May 10 2013||Brief amicus curiae of United States filed. VIDED.|
|May 10 2013||Brief amicus curiae of Breazeale, Sachse & Wilson, LLP filed. VIDED.|
|May 10 2013||Brief amicus curiae of Causeway Capital Management LLC filed.|
|May 10 2013||Brief amicus curiae of Securities Industry and Financial Markets Association filed. VIDED.|
|May 10 2013||Brief amicus curiae of DRI-The Voice of the Defense Bar filed. VIDED.|
|Jun 12 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.|
|Jul 18 2013||Brief of respondents Samuel Troice, et al. filed. VIDED. (Distributed)|
|Jul 22 2013||CIRCULATED. VIDED.|
|Jul 23 2013||SET FOR ARGUMENT on Monday, October 7, 2013. VIDED|
|Jul 24 2013||Brief amici curiae of Sixteen Law Professors filed. VIDED. (Distributed)|
|Jul 25 2013||Brief amici curiae of Public Investors Arbitration Bar Association, et al. filed. (Reprinted) VIDED. (Distributed)|
|Jul 25 2013||Brief amicus curiae of National Association of Bankruptcy Trustees filed. VIDED. (Distributed)|
|Jul 25 2013||Brief amicus curiae of Occupy the SEC filed. VIDED. (Distributed)|
|Aug 2 2013||Record from U.S.C.A. for 5th Circuit is electronic and located on PACER.|
|Aug 2 2013||Record from U.S.D.C. for Northern District of Texas is electronic and located on PACER.|
|Aug 19 2013||Reply of petitioners Willis of Colorado Incorporated, et al. filed. (Distributed)|
|Aug 30 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Oct 7 2013||Argued. For petitioners: Paul D. Clement, Washington, D. C.; and Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Thomas C. Goldstein, Bethesda, Md. VIDED.|
|Feb 26 2014||Adjudged to be AFFIRMED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a concurring opinion. Kennedy, J., filed a dissenting opinion, in which Alito, J., joined.|
|Mar 31 2014||JUDGMENT ISSUED.|
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