Cyan Inc. v. Beaver County Employees Retirement Fund
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-1439 | Cal. Ct. App. | Nov 28, 2017 | Mar 20, 2018 | 9-0 | Kagan | OT 2017 |
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.
Holding: The Securities Litigation Uniform Standards Act of 1998 did not strip state courts of jurisdiction to adjudicate class actions alleging only 1933 Securities Act violations; nor did it authorize removing such suits from state to federal court.
Judgment: Affirmed, 9-0, in an opinion by Justice Kagan on March 20, 2018.
SCOTUSblog Coverage
- OT2017 #19: "This Classroom Is Not Full" (First Mondays, March 26, 2018)
- Opinion analysis: Justices affirm continued authority of state courts over securities class actions (Ronald Mann, March 21, 2018)
- Argument analysis: Justices frustrated by “gibberish” in statutes limiting state-court adjudication of securities class actions (Ronald Mann, November 28, 2017)
- Argument preview: Justices to consider limits on securities class actions in state courts (Ronald Mann, November 21, 2017)
- Today's orders (Amy Howe, June 27, 2017)
- Federal government files invitation briefs (Amy Howe, May 26, 2017)
- Justices issue additional orders from September 26 conference (Update) (Amy Howe, October 3, 2016)
- Petition of the day (Kate Howard, June 24, 2016)
| Date | Proceedings and Orders |
|---|---|
| May 24 2016 | Petition for a writ of certiorari filed. (Response due June 27, 2016) |
| Jun 17 2016 | Waiver of right of respondents Beaver County Employees Retirement Fund, et al. to respond filed. |
| Jun 27 2016 | Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed. (Distributed) |
| Jun 27 2016 | Brief amici curiae of Law Professors, Elizabeth Cosenza, et al. filed. (Distributed) |
| Jun 29 2016 | DISTRIBUTED for Conference of September 26, 2016. |
| Jul 01 2016 | Response Requested. (Due August 1, 2016) |
| Jul 20 2016 | Order extending time to file response to petition to and including August 24, 2016. |
| Aug 24 2016 | Brief of respondents Beaver County Employees Retirement Fund, et al. in opposition filed. |
| Sep 07 2016 | DISTRIBUTED for Conference of September 26, 2016. |
| Sep 08 2016 | Reply of petitioners Cyan, Inc., et al. filed. (Distributed) |
| Oct 03 2016 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| May 23 2017 | Brief amicus curiae of United States filed. |
| Jun 05 2017 | Supplemental brief of petitioners Cyan, Inc., et al. filed. |
| Jun 06 2017 | DISTRIBUTED for Conference of June 22, 2017. |
| Jun 06 2017 | Supplemental brief of respondents Beaver County Employees Retirement Fund, et al. filed. (Distributed) |
| Jun 26 2017 | DISTRIBUTED for Conference of June 26, 2017. |
| Jun 27 2017 | Petition GRANTED. |
| Jul 26 2017 | Blanket Consent filed by Respondents Beaver County Employees Retirement Fund, et al. |
| Aug 03 2017 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 28, 2017. |
| Aug 03 2017 | The time to file respondents' brief on the merits is extended to and including October 13, 2017. |
| Aug 11 2017 | Blanket Consent filed by Petitioners Cyan, Inc., et al. |
| Aug 28 2017 | Brief of petitioners Cyan, Inc., et al. filed. |
| Aug 28 2017 | Joint appendix filed. (Statement of costs filed) |
| Aug 31 2017 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. |
| Sep 05 2017 | Brief amicus curiae of Washington Legal Foundation filed. |
| Sep 05 2017 | Brief amicus curiae of New York Stock Exchange LLC filed. |
| Sep 05 2017 | Brief amici curiae of Alibaba Group Holding Limited, et al. filed. |
| Sep 05 2017 | Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed. |
| Sep 05 2017 | Brief amici curiae of Business Roundtable, et al. filed. |
| Sep 05 2017 | Brief amici curiae of Law Professors filed. |
| Sep 05 2017 | Brief amici curiae of Former SEC Commissioners filed. |
| Oct 06 2017 | SET FOR ARGUMENT ON Tuesday, November 28, 2017. |
| Oct 13 2017 | Brief of respondents Beaver County Employees Retirement Fund, et al. filed. |
| Oct 18 2017 | Record requested from the Court of Appeal of California First Appellate District. |
| Oct 18 2017 | Record received from the Superior Court of California County of San Francisco. (1Box). |
| Oct 19 2017 | CIRCULATED |
| Oct 19 2017 | Brief amicus curiae of United States filed. (Distributed) |
| Oct 20 2017 | Brief amici curiae of Institutional Investors filed. (Distributed) |
| Oct 20 2017 | Brief amici curiae of Federal Jurisdiction and Securities Law Scholars filed. (Distributed) |
| Oct 20 2017 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| Oct 20 2017 | Brief amicus curiae of Los Angeles County Employees Retirement Association filed. (Distributed) |
| Oct 20 2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Nov 06 2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. IN PART, and the time is to be divided as follows: 30 minutes for petitioners, 25 minutes for respondents, and 10 minutes for the Solicitor General. |
| Nov 09 2017 | Record received from the Court of Appeal of California First Appellate District Division. (1 envelope), also part of the record is electronic. |
| Nov 13 2017 | Reply of petitioners Cyan, Inc., et al. filed. (Distributed) |
| Nov 22 2017 | Supplemental brief of respondents Beaver County Employees Retirement Fund, et al. filed.(Distributed) |
| Nov 27 2017 | Motion of petitioners to strike the supplemental brief of respondents filed. |
| Nov 27 2017 | Supplemental Brief of Cyan, Inc., et al. not accepted for filing. (January 08, 2018) |
| Nov 28 2017 | Argued. For petitioners: Neal K. Katyal, Washington, D. C. For United States, as amicus curiae, in support of affirmance: Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Thomas C. Goldstein, Bethesda, Md. |
| Jan 08 2018 | Motion of petitioners to strike the supplemental brief of respondents is GRANTED. |
| Mar 20 2018 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion for a unanimous Court. |
| Apr 23 2018 | JUDGMENT ISSUED. |
| Apr 23 2018 | MANDATE ISSUED. |
| Aug 29 2018 | The record from the Court of Appeal of California First Appellate has been returned. |
