Lawson v. FMR LLC
Holding
The anti-retaliation protection that the Sarbanes-Oxley Act of 2002 provides to whistleblowers applies to employees of a public company's private contractors and subcontractors.
Judgment
Reversed and remanded, 6-3, in an opinion by Ruth Bader Ginsburg on Mar 4, 2014. Justice Scalia filed an opinion concurring in principal part, and concurring in the judgment, in which Justice Thomas joined. Justice Sotomayor filed a dissenting opinion in which Justices Kennedy and Alito joined.
Issue: Whether an employee of a privately held contractor or subcontractor of a public company is protected from retaliation by Section 806 of the Sarbanes-Oxley Act, 18 U.S.C. § 1514A.
Jun 28, 2012Petition for a writ of certiorari filed. (Response due August 1, 2012)
Jul 19, 2012Order extending time to file response to petition to and including August 24, 2012.
Jul 30, 2012Brief amicus curiae of National Whistleblower Center filed.
Aug 24, 2012Brief of respondents FMR LLC, et al. in opposition filed.
Sep 5, 2012DISTRIBUTED for Conference of September 24, 2012.
Sep 5, 2012Reply of petitioners Jackie Hosang Lawson and Jonathan M. Zang filed. (Distributed)Oct 1, 2012DISTRIBUTED for Conference of October 5, 2012.
Oct 9, 2012The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Apr 9, 2013Brief amicus curiae of United States filed.
Apr 23, 2013DISTRIBUTED for Conference of May 9, 2013.
Apr 23, 2013Supplemental brief of petitioners Jackie Hosang Lawson and Jonathan M. Zang filed. (Distributed)Apr 26, 2013Supplemental brief of respondents FMR LLC, et al. filed. (Distributed)May 13, 2013DISTRIBUTED for Conference of May 16, 2013.
May 20, 2013Petition GRANTED.
Jun 12, 2013The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 31, 2013.
Jun 12, 2013The time to file respondents' brief on the merits is extended to and including September 30, 2013.
Jul 18, 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Jul 31, 2013Brief of petitioners Jackie Hosang Lawson and Jonathan M. Zang filed.
Jul 31, 2013Consent to the filing of amicus curiae briefs, in support of eitiher party or of neither party received from counsel for the petitioners.
Jul 31, 2013The time to file the joint appendix is further extended to and including August 14, 2013.
Aug 7, 2013Brief amicus curiae of United States filed.
Aug 7, 2013Brief amicus curiae of National Employment Lawyers Association and Government Accountability Project filed.
Aug 7, 2013Brief amicus curiae of National Whistleblower Center filed.
Aug 13, 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 14, 2013Joint appendix filed. (Statement of costs received).
Aug 20, 2013SET FOR ARGUMENT on Tuesday, November 12, 2013.
Aug 26, 2013CIRCULATED.
Sep 17, 2013Record from U.S.D.C. for District of Massachusetts is electronic and located on PACER.
Sep 18, 2013Record received for U.S.C.A. for 1st Circuit. (1box)
Sep 30, 2013Brief of respondents FMR LLC, et al. filed. (Distributed)Oct 4, 2013Brief amicus curiae of Society for Human Resource Management filed. (Distributed)Oct 7, 2013Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed).Oct 7, 2013Brief amici curiae of New England Legal Foundation and Associated Industries of Massachusetts filed. (Distributed)Oct 7, 2013Brief amicus curiae of Securities Industry and Financial Markets Association filed. (Distributed)Oct 7, 2013Brief amicus curiae of Investment Company Institute filed. (Distributed)Oct 7, 2013Brief amici curiae of Former SEC Officials filed. (Distributed)Oct 7, 2013Brief amicus curiae of National Federation of Independent Business Small Business Legal Center filed. (Distributed)Oct 7, 2013Brief amicus curiae of Equal Employment Advisory Council filed. (Distributed)Oct 21, 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 30, 2013Reply of petitioners Jackie Hosang Lawson and Jonathan M. Zang filed. (Distributed).Nov 12, 2013Argued. For petitioners: Eric Schnapper, Seattle, Wash.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Mark A. Perry, Washington, D. C.Mar 4, 2014Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer and Kagan, JJ., joined, and in which Scalia and Thomas, JJ., joined in principal part. Scalia, J., filed an opinion concurring in principal part and concurring in the judgment, in which Thomas, J., joined. Sotomayor, J., filed a dissenting opinion, in which Kennedy and Alito, JJ., joined.
Apr 7, 2014JUDGMENT ISSUED.
Apr 8, 2014Record from U.S.C.A. 1st Circuit has been returned.
Recommended Citation: Lawson v. FMR LLC, SCOTUSblog, https://www.scotusblog.com/cases/lawson-v-fmr-llc/