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Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
12-79 | 5th Cir. | Oct 7, 2013 | Feb 26, 2014 | 7-2 | Breyer | OT 2013 |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as counsel to the respondents in this case.
Holding: The Securities Litigation Uniform Standards Act of 1988 does not preclude the plaintiffs' state-law class actions contending that the defendants assisted in perpetrating a Ponzi scheme by falsely representing that uncovered securities that plaintiffs were purchasing were backed by covered securities.
Judgment: Affirmed, 7-2, in an opinion by Justice Breyer on February 26, 2014. Justice Thomas filed a concurring opinion. Justice Kennedy filed a dissenting opinion, in which Justice Alito joined.
Date | Proceedings and Orders |
---|---|
Jul 18 2012 | Petition for a writ of certiorari filed. (Response due August 20, 2012) |
Jul 19 2012 | Waiver of right of respondent P. Mauricio Alvarado to respond filed. |
Jul 25 2012 | Letter of July 25, 2012, from counsel for respondent Thomas V. Sjoblom received. |
Aug 20 2012 | Brief of respondents Samuel Troice, et al. in opposition filed. VIDED. |
Aug 22 2012 | Motion for leave to file amicus brief filed by Breazeale, Sachse & Wilson, LLP. VIDED. |
Sep 5 2012 | DISTRIBUTED for Conference of September 24, 2012. |
Sep 5 2012 | Reply of petitioner Chadbourne & Parke LLP filed. (Distributed) |
Oct 1 2012 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
Dec 14 2012 | Brief amicus curiae of United States filed. VIDED. |
Dec 24 2012 | Supplemental brief of respondents Samuel Troice, et al. filed. VIDED. |
Dec 26 2012 | DISTRIBUTED for Conference of January 11, 2013. |
Dec 26 2012 | Supplemental brief of petitioner Chadbourne & Parke LLP filed. (Distributed) |
Dec 26 2012 | Letter of December 26, 2012, from counsel for respondent Thomas V. Sjoblom received. VIDED. (Distributed) |
Jan 14 2013 | DISTRIBUTED for Conference of January 18, 2013. |
Jan 18 2013 | Motion for leave to file amicus brief filed by Breazeale, Sachse & Wilson, LLP GRANTED. |
Jan 18 2013 | Petition GRANTED limited to Question 1 presented by the petition. The petition for a writ of certiorari in No. 12-86 is granted. The petition for a writ of certiorari in No. 12-88 is granted limited to Question 1 presented by the petition. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED. |
Feb 7 2013 | The time to file the joint appendix and petitioners' briefs on the merits is extended to and including May 3, 2013. VIDED. |
Feb 27 2013 | The time to file respondents' briefs on the merits is extended to and including July 18, 2013. VIDED |
Apr 9 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for all respondents. VIDED. |
Apr 12 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. VIDED. |
May 3 2013 | Brief of petitioner Chadbourne & Parke LLP filed. |
May 3 2013 | Letter of respondent Thomas V. Sjoblom in support filed. |
May 3 2013 | Joint appendix filed. (2 Volumes.) VIDED. (Statement of costs filed) |
May 3 2013 | Letter of respondent P. Mauricio Alvarado in support filed. |
May 8 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Thomas V. Sjoblom. VIDED. |
May 9 2013 | Consent to the filing of amicus cuirae briefs, in support of either party or of neither party, received from counsel for P. Mauricio Alvarado. |
May 10 2013 | Brief amicus curiae of United States filed. VIDED. |
May 10 2013 | Brief amicus curiae of Breazeale, Sachse & Wilson, LLP filed. VIDED. |
May 10 2013 | Brief amicus curiae of Securities Industry and Financial Markets Association filed. VIDED. |
May 10 2013 | Brief amicus curiae of DRI-The Voice of the Defense Bar filed. VIDED. |
Jun 12 2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. |
Jul 18 2013 | Brief of respondents Samuel Troice, et al. filed. VIDED. (Distributed) |
Jul 22 2013 | CIRCULATED. VIDED. |
Jul 23 2013 | SET FOR ARGUMENT on Monday, October 7, 2013. VIDED |
Jul 24 2013 | Brief amici curiae of Sixteen Law Professors filed. VIDED. (Distributed) |
Jul 25 2013 | Brief amici curiae of Court-Appointed Receiver and Examiner filed. VIDED. (Distributed) |
Jul 25 2013 | Brief amici curiae of Public Investors Arbitration Bar Association, et al. filed. VIDED. (Distributed) |
Jul 25 2013 | Brief amicus curiae of National Association of Bankruptcy Trustees filed. VIDED. (Distributed) |
Jul 25 2013 | Brief amicus curiae of Occupy the SEC filed. VIDED. (Distributed) |
Aug 5 2013 | Record from U.S.C.A. for 5th Circuit is electronic and located on PACER. |
Aug 5 2013 | Record from U.S.D.C. for Northern District of Texas is electronic and located on PACER. |
Aug 19 2013 | Reply of petitioner Chadbourne & Parke LLP filed. (Distributed) |
Aug 19 2013 | Letter of respondent P. Mauricio Alvarado in support filed. VIDED. |
Aug 30 2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
Oct 7 2013 | Argued. For petitioners: Paul D. Clement, Washington, D. C.; and Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Thomas C. Goldstein, Bethesda, Md. VIDED. |
Feb 26 2014 | Adjudged to be AFFIRMED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a concurring opinion. Kennedy, J., filed a dissenting opinion, in which Alito, J., joined. |
Mar 31 2014 | JUDGMENT ISSUED. |