Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Manning
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-1132 | 3d Cir. | Dec 1, 2015 | May 16, 2016 | 8-0 | Kagan | OT 2015 |
Holding: The jurisdictional test established by Section 27 of the federal Securities Exchange Act of 1934 is the same as the test of the general federal-question statute, Section 1331, for deciding if a case "arises under" a federal law.
Judgment: Affirmed, 8-0, in an opinion by Justice Kagan on May 16, 2016. Justice Thomas filed an opinion concurring in the judgment, in which Justice Sotomayor joined.
SCOTUSblog Coverage
- Opinion analysis: Justices apply traditional arising under standard to preserve role for state courts in securities litigation (Ronald Mann, May 17, 2016)
- Argument analysis: Justices spar with counsel over excluding securities litigation from state courts (Ronald Mann, December 2, 2015)
- Argument preview: Justices to study limits on state-court securities litigation (Ronald Mann, November 25, 2015)
- A new look at race and politics in redistricting (Lyle Denniston, June 30, 2015)
| Date | Proceedings and Orders |
|---|---|
| 03/17/2015 | Petition for a writ of certiorari filed. (Response due April 17, 2015) |
| 04/16/2015 | Motion for leave to file amicus brief filed by Securities Industry and Financial Markets Association. |
| 04/16/2015 | Waiver of right of respondents Greg Manning, et al. to respond filed. |
| 04/28/2015 | DISTRIBUTED for Conference of May 14, 2015. |
| 05/01/2015 | Response Requested . (Due June 1, 2015) |
| 05/06/2015 | Application (14A1143) to extend the time to file the response to the petition for a writ of certiorari from June 1, 2015 to June 16, 2015, submitted to Justice Alito. |
| 05/07/2015 | Applicaton withdrawn. |
| 05/08/2015 | Order extending time to file response to petition to and including June 5, 2015. |
| 06/05/2015 | Brief of respondents Greg Manning, et al. in opposition filed. |
| 06/09/2015 | DISTRIBUTED for Conference of June 25, 2015. |
| 06/10/2015 | Reply of petitioners Merrill Lynch, Pierce, Fenner & Smith, Inc., et al. filed. (Distributed) |
| 06/25/2015 | DISTRIBUTED for Conference of June 29, 2015. |
| 06/30/2015 | Motion for leave to file amici brief filed by Securities Industry and Financial Markets Association GRANTED. |
| 06/30/2015 | Petition GRANTED. |
| 08/04/2015 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2015. |
| 08/04/2015 | The time to file respondents' brief on the merits is extended to and including October 23, 2015. |
| 08/18/2015 | Motion to dispense with printing the joint appendix filed by petitioners Merrill Lynch, Pierce, Fenner & Smith, Inc., et al. |
| 08/31/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 09/03/2015 | Brief of petitioners Merrill Lynch, Pierce, Fenner & Smith, Inc., et al. filed. |
| 09/03/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 09/10/2015 | Brief amicus curiae of Securities Industry and Financial Markets Association filed. |
| 09/10/2015 | Brief amici curiae of NASDAQ, Inc., et al. filed. |
| 09/10/2015 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| 09/10/2015 | Brief amici curiae of Natural Gas Supply Association, et al. filed. |
| 09/10/2015 | Brief amicus curiae of Interstate Natural Gas Association of America filed. |
| 10/05/2015 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 10/09/2015 | SET FOR ARGUMENT on Tuesday, December 1, 2015 |
| 10/19/2015 | Record requested from the U.S.C.A. 3rd Circuit. |
| 10/23/2015 | Record received from the U.S.C.A. 3rd Circuit is electronic. |
| 10/23/2015 | Record received from the U.S.D.C. District of New Jersey is electronic. |
| 10/23/2015 | Brief of respondents Greg Manning, et al. filed. |
| 10/27/2015 | CIRCULATED. |
| 10/30/2015 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| 10/30/2015 | Brief amicus curiae of North American Securities Administrators Association filed. (Distributed) |
| 10/30/2015 | Brief amicus curiae of AARP filed. (Distributed) |
| 11/23/2015 | Reply of petitioners Merrill Lynch, Pierce, Fenner & Smith, Inc., et al. filed. (Distributed) |
| 12/01/2015 | Argued. For petitioners: Jonathan D. Hacker, Washington, D. C. For respondents: Peter K. Stris, Los Angeles, Cal. |
| 05/16/2016 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Alito, JJ., joined. Thomas, J., filed an opinion concurring in the judgment, in which Sotomayor, J., joined. |
| 06/17/2016 | JUDGMENT ISSUED |