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California Public Employees’ Retirement System v. ANZ Securities, Inc.

Docket No. Argument Opinion Vote Author Term
16-373 Apr 17, 2017 May 1, 2025 5-4 Kennedy OT 2016

Holding: The public pension fund's untimely filing of its individual complaint under Section 11 of the Securities Act of 1933 more than three years after the relevant securities offering is ground for dismissal under Section 13 of the act.

Judgment: Affirmed, 5-4, in an opinion by Justice Kennedy on May 1, 2025. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor and Kagan joined.

DateProceedings and Orders (key to color coding)
09/22/2016Petition for a writ of certiorari filed. (Response due October 24, 2016)
10/19/2016Order extending time to file response to petition to and including November 23, 2016.
10/21/2016Brief amici curiae of The States of Washington, et al. filed.
10/24/2016Brief amici curiae of Retired Federal Judges filed.
11/23/2016Brief of respondents ANZ Securities, Inc.,et al. in opposition filed.
12/07/2016DISTRIBUTED for Conference of January 6, 2017.
12/07/2016Reply of petitioner California Public Employees' Retirement System filed. (Distributed)
01/09/2017DISTRIBUTED for Conference of January 13, 2017.
01/13/2017Petition GRANTED limited to Question 1 presented by the petition.
02/17/2017SET FOR ARGUMENT ON Monday, April 17, 2017.
02/22/2017Record requested from U.S.C.A. 2nd Circuit.
02/22/2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Petitioner.
02/27/2017Record received from U.S.C.A. 2nd Circuit. The record is electronic.
02/27/2017Joint appendix filed. (Statement of costs filed.)
02/27/2017Brief of petitioner California Public Employees' Retirement System filed.
03/06/2017Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondent.
03/06/2017Brief amici curiae of Institutional Investors filed.
03/06/2017Brief amicus curiae of SRM Global Master Fund Limited Partneership filed.
03/06/2017Brief amici curiae of Washington, et al. filed.
03/06/2017Brief amici curiae of Current and Former Directors of Publicly Traded Companies: Charles M. Elson and Howard Wiener filed.
03/06/2017Brief amici curiae of Civil Procedure and Securities Law Professors filed.
03/06/2017Brief amicus curiae of DeKalb County Pension Fund filed.
03/06/2017Brief amici curiae of Retired Federal Judges filed.
03/06/2017Brief amici curiae of Public Citizen, Inc., and Public Justice, P.C. filed.
03/06/2017Brief amici curiae of North American Securities Administrators Association, Inc. filed.
03/22/2017CIRCULATED.
03/29/2017Brief of respondents ANZ Securities, Inc., et al. filed. (Distributed)
04/05/2017Brief amici curiae of The Securities Industries and Financial Markets Association, et al. filed. (Distributed)
04/05/2017Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)
04/05/2017Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
04/10/2017Reply of petitioner California Public Employees' Retirement System filed. (Distributed)
04/17/2017Argued. For petitioner: Thomas C. Goldstein, Bethesda, Md. For respondents: Paul D. Clement, Washington, D. C.
06/26/2017Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
07/28/2017JUDGMENT ISSUED.