Digital Realty Trust, Inc. v. Somers
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-1276 | 9th Cir. | Nov 28, 2017 | Feb 21, 2018 | 9-0 | Ginsburg | OT 2017 |
Holding: The anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act does not extend to an individual who has not reported a violation of the securities laws to the Securities and Exchange Commission.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Ginsburg on February 21, 2018. Justice Sotomayor filed a concurring opinion, in which Justice Breyer joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justices Alito and Gorsuch joined.
SCOTUSblog Coverage
- Opinion analysis: Whistling while you work is whistling in the wind – Dodd-Frank whistleblowers do need to inform the SEC (Theresa Gabaldon, February 22, 2018)
- Argument analysis: Don’t just whistle while you work – Dodd-Frank whistleblowers may need to pucker up for the SEC (Theresa Gabaldon, November 29, 2017)
- Argument preview: Plain talk about Dodd-Frank whistleblowing (Theresa Gabaldon, November 21, 2017)
- Today's orders (part 1) (Amy Howe, June 26, 2017)
| Date | Proceedings and Orders |
|---|---|
| Apr 25 2017 | Petition for a writ of certiorari filed. (Response due May 25, 2017) |
| May 03 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Respondent. |
| May 08 2017 | Order extending time to file response to petition to and including May 30, 2017. |
| May 10 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner. |
| May 24 2017 | Brief amici curiae of New England Legal Foundation, et al. filed. (Distributed) |
| May 25 2017 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed) |
| May 25 2017 | Brief amicus curiae of DRI-The Voice of the Defense Bar filed. (Distributed) |
| May 25 2017 | Brief amicus curiae of Lime Energy Services Company filed. (Distributed) |
| May 26 2017 | Letter of May 26, 2017, from counsel for petitioner waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 received. |
| May 30 2017 | DISTRIBUTED for Conference of June 15, 2017. |
| May 30 2017 | Brief of respondent Paul Somers in opposition filed. (Distributed) |
| Jun 02 2017 | Reply of petitioner Digital Realty Trust, Inc. filed. (Distributed) |
| Jun 19 2017 | DISTRIBUTED for Conference of June 22, 2017. |
| Jun 26 2017 | Petition GRANTED. |
| Jul 06 2017 | Consent the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner. |
| Jul 12 2017 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 24, 2017. |
| Jul 12 2017 | The time to file respondent's brief on the merits is extended to and including October 10, 2017. |
| Jul 12 2017 | Motion to dispense with printing the joint appendix filed by petitioner Digital Realty Trust, Inc. |
| Jul 18 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent. |
| Aug 24 2017 | Brief of petitioner Digital Realty Trust, Inc. filed. |
| Aug 25 2017 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Aug 25 2017 | Brief amici curiae of New England Legal Foundation, et al. filed. |
| Aug 31 2017 | Brief amicus curiae of The Center for Workplace Compliance filed. |
| Aug 31 2017 | Brief amicus curiae of Cato Institute filed. |
| Aug 31 2017 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| Aug 31 2017 | Brief amici curiae of Lime Energy Services Company and Prestige Cruises International filed. |
| Oct 06 2017 | SET FOR ARGUMENT ON Tuesday, November 28, 2017. |
| Oct 10 2017 | Brief of respondent Paul Somers filed. |
| Oct 11 2017 | Motion to argue pro hac vice filed by the Solicitor General. |
| Oct 12 2017 | CIRCULATED |
| Oct 17 2017 | Brief amici curiae of National Whistleblower Center, et al. filed. (Distributed) |
| Oct 17 2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Oct 17 2017 | Brief amicus curiae of Senator Charles Grassley filed. (Distributed) |
| Oct 17 2017 | Brief amicus curiae of United States filed. (Distributed) |
| Oct 17 2017 | Brief amicus curiae of Ethical Systems, Inc. filed. (Distributed) |
| Oct 17 2017 | Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. (Distributed) |
| Oct 18 2017 | Record requested from the U.S.C.A. 9th Circuit. |
| Oct 18 2017 | Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER. |
| Nov 06 2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 06 2017 | Motion to argue pro hac vice filed by the Solicitor General GRANTED. |
| Nov 09 2017 | Reply of petitioner Digital Realty Trust, Inc. filed. (Distributed) |
| Nov 28 2017 | Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Daniel L. Geyser, Dallas, Tex.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (Pro hac vice; for United States, as amicus curiae.) |
| Feb 21 2018 | Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed a concurring opinion, in which Breyer, J., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Alito and Gorsuch, JJ., joined. |
| Mar 26 2018 | JUDGMENT ISSUED. |
