Willis of Colorado Inc. v. Troice

Willis of Colorado Inc. v. Troice

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Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-86	5th Cir.	Oct 7, 2013 Tr.Aud.	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.

Opinion analysis: Scope of federal preclusion of state law actions (Allen Ferrell)
Argument analysis: Ghost of Madoff hangs over state securities class actions (Allen Ferrell)
Argument preview: Justices tackle preclusion of state class actions involving securities (Allen Ferrell)
Petitions of the day (Ben Cheng)

Date	Proceedings and Orders (key to color coding)
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.

Featured Posts

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right – Gregory Ablavsky
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The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices meet for their May 23 conference.
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- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
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Recent Decisions
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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