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Macquarie Infrastructure Corp. v. Moab Partners, L.P.

Docket No. Op. Below Argument Opinion Vote Author Term
22-1165 2nd Cir. Jan 16, 2024 Apr 12, 2024 9-0 Sotomayor OT 2023

Holding: Pure omissions are not actionable under SEC Rule 10b"5(b), which makes it unlawful to omit material facts in connection with buying or selling securities when that omission renders "statements made" misleading.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Sotomayor on April 12, 2024.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/14/2023Application (22A920) to extend the time to file a petition for a writ of certiorari from April 27, 2023 to May 30, 2023, submitted to Justice Sotomayor.
04/24/2023Application (22A920) granted by Justice Sotomayor extending the time to file until May 30, 2023.
05/30/2023Petition for a writ of certiorari filed. (Response due July 3, 2023)
06/16/2023Waiver of right of respondent Barclays Capital Inc. to respond filed.
06/21/2023Motion to extend the time to file a response from July 3, 2023 to August 2, 2023, submitted to The Clerk.
06/22/2023Motion to extend the time to file a response is granted and the time is extended to and including August 2, 2023.
07/03/2023Brief amicus curiae of Washington Legal Foundation filed.
07/03/2023Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
07/26/2023Motion to extend the time to file a response from August 2, 2023 to August 11, 2023, submitted to The Clerk.
07/27/2023Motion to extend the time to file a response is granted and the time is further extended to and including August 11, 2023.
08/11/2023Brief of respondent Moab Partners, L.P. in opposition filed.
08/28/2023Reply of petitioners Macquarie Infrastructure Corp., et al. filed. (Distributed)
08/30/2023DISTRIBUTED for Conference of 9/26/2023.
09/29/2023Petition GRANTED.
11/13/2023Brief of petitioners Macquarie Infrastructure Corp., et al. filed.
11/13/2023Joint appendix filed. (Statement of costs filed)
11/13/2023Brief of respondent Barclays Capital Inc. in support of vacatur filed.
11/17/2023SET FOR ARGUMENT on Tuesday, January 16, 2024.
11/20/2023Record requested from the United States Court of Appeals for the Second Circuit.
11/20/2023Brief amicus curiae of Atlantic Legal Foundation filed.
11/20/2023Brief amicus curiae of Washington Legal Foundation filed.
11/20/2023Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
11/20/2023Brief amicus curiae of The Society for Corporate Governance filed.
11/29/2023Record received from the United States Court of Appeals for the Second Circuit. The record is electronic and is available with the Clerk.
11/30/2023CIRCULATED
12/13/2023Brief of respondent Moab Partners, L.P. filed. (Distributed)
12/20/2023Brief amicus curiae of United States filed. (Distributed)
12/20/2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
12/20/2023Brief amici curiae of Former SEC Officials filed. (Distributed)
12/20/2023Brief amici curiae of Consumer Advocates filed. (Distributed)
12/20/2023Brief amici curiae of Law and Business Professors filed. (Distributed)
12/20/2023Brief amici curiae of Institutional Investors filed. (Distributed)
01/05/2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
01/05/2024Reply of petitioners Macquarie Infrastructure Corp., et al. filed. (Distributed)
01/05/2024Reply of respondent Barclays Capital Inc. in support of vacatur filed. (Distributed)
01/16/2024Argued. For petitioners: Linda T. Coberly, Chicago, Ill. For respondent Moab Partners, L.P.: David C. Frederick, Washington, D. C.; and Ephraim McDowell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
04/12/2024Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
05/14/2024Judgment Issued.