Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Manning
Holding
The jurisdictional test established by Section 27 of the Securities Exchange Act of 1934 is the same as the test of the general federal-question statute, 28 U.S.C. § 1331, for deciding if a case "arises under" a federal law.
Judgment
Affirmed, 8-0, in an opinion by Elena Kagan on May 16, 2016. Justice Thomas filed an opinion concurring in the judgment, in which Justice Sotomayor joined.
Mar 17, 2015Petition for a writ of certiorari filed. (Response due April 17, 2015)
Apr 16, 2015Motion for leave to file amicus brief filed by Securities Industry and Financial Markets Association.
Apr 16, 2015Waiver of right of respondents Greg Manning, et al. to respond filed.
Apr 28, 2015DISTRIBUTED for Conference of May 14, 2015.
May 1, 2015Response Requested . (Due June 1, 2015)
May 6, 2015Application (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.
May 7, 2015Applicaton withdrawn.
May 8, 2015Order extending time to file response to petition to and including June 5, 2015.
Jun 5, 2015Brief of respondents Greg Manning, et al. in opposition filed.
Jun 9, 2015DISTRIBUTED for Conference of June 25, 2015.
Jun 10, 2015Reply of petitioners Merrill Lynch, Pierce, Fenner & Smith, Inc., et al. filed. (Distributed)Jun 25, 2015DISTRIBUTED for Conference of June 29, 2015.
Jun 30, 2015Motion for leave to file amici brief filed by Securities Industry and Financial Markets Association GRANTED.
Jun 30, 2015Petition GRANTED.
Aug 4, 2015The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2015.
Aug 4, 2015The time to file respondents' brief on the merits is extended to and including October 23, 2015.
Aug 18, 2015Motion to dispense with printing the joint appendix filed by petitioners Merrill Lynch, Pierce, Fenner & Smith, Inc., et al.
Aug 31, 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Sep 3, 2015Brief of petitioners Merrill Lynch, Pierce, Fenner & Smith, Inc., et al. filed.
Sep 3, 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Sep 10, 2015Brief amicus curiae of Securities Industry and Financial Markets Association filed.
Sep 10, 2015Brief amici curiae of NASDAQ, Inc., et al. filed.
Sep 10, 2015Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Sep 10, 2015Brief amici curiae of Natural Gas Supply Association, et al. filed.
Sep 10, 2015Brief amicus curiae of Interstate Natural Gas Association of America filed.
Oct 5, 2015Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Oct 9, 2015SET FOR ARGUMENT on Tuesday, December 1, 2015
Oct 19, 2015Record requested from the U.S.C.A. 3rd Circuit.
Oct 23, 2015Record received from the U.S.C.A. 3rd Circuit is electronic.
Oct 23, 2015Record received from the U.S.D.C. District of New Jersey is electronic.
Oct 23, 2015Brief of respondents Greg Manning, et al. filed.
Oct 27, 2015CIRCULATED.
Oct 30, 2015Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)Oct 30, 2015Brief amicus curiae of North American Securities Administrators Association filed. (Distributed)Oct 30, 2015Brief amicus curiae of AARP filed. (Distributed)Nov 23, 2015Reply of petitioners Merrill Lynch, Pierce, Fenner & Smith, Inc., et al. filed. (Distributed)Dec 1, 2015Argued. For petitioners: Jonathan D. Hacker, Washington, D. C. For respondents: Peter K. Stris, Los Angeles, Cal.
May 16, 2016Adjudged 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.
Jun 17, 2016JUDGMENT ISSUED
Recommended Citation: Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Manning, SCOTUSblog, https://www.scotusblog.com/cases/merrill-lynch-pierce-fenner-smith-inc-v-manning/