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Amgen Inc. v. Harris

Docket No.15-278
Op. Below9th Cir.

Holding

The Ninth Circuit failed to properly evaluate, to determine whether it states a claim, a complaint filed by a company"s stockholders against the company"s fiduciaries for breach of the duty of prudence when it failed to assess whether the complaint in its current form "has plausibly alleged" that a prudent fiduciary in the same position "could not have concluded" that the alternative action "would do more harm than good."

Judgment

Reversed and remanded, n/a on Jan 25, 2016.

Proceedings & orders timeline

Aug 7, 2015
Application (15A157) to extend the time to file a petition for a writ of certiorari from August 24, 2015 to September 3, 2015, submitted to Justice Kennedy.
Aug 17, 2015
Application (15A157) granted by Justice Kennedy extending the time to file until September 3, 2015.
Sep 3, 2015
Petition for a writ of certiorari filed. (Response due October 5, 2015)
Sep 25, 2015
Waiver of right of respondents Steve Harris, et al. to respond filed.
Oct 2, 2015
Motion for leave to file amicus brief filed by American Benefits Council.
Oct 5, 2015
Motion for leave to file amicus brief filed by Washington Legal Foundation.
Oct 7, 2015
DISTRIBUTED for Conference of October 30, 2015.
Oct 14, 2015
Response Requested . (Due November 13, 2015)
Nov 13, 2015
Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al.
Nov 13, 2015
Brief of respondents Steve Harris, et al. in opposition filed.
Dec 1, 2015
Reply of petitioners Amgen Inc., et al. filed.
Dec 2, 2015
DISTRIBUTED for Conference of January 8, 2016.
Jan 11, 2016
DISTRIBUTED for Conference of January 15, 2016.
Jan 19, 2016
DISTRIBUTED for Conference of January 22, 2016.
Jan 25, 2016
Motion for leave to file amicus brief filed by American Benefits Council GRANTED.
Jan 25, 2016
Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED.
Jan 25, 2016
Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. GRANTED.
Jan 25, 2016
Petition GRANTED. Judgment REVERSED and case REMANDED for further proceedings consistent with this opinion. Opinion per curiam. (Detached Opinion)
Feb 26, 2016
Judgment Issued

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