Amgen Inc. v. Connecticut Retirement Plans and Trust Funds
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-1085 | 9th Cir. | Nov 5, 2012 | Feb 27, 2013 | 6-3 | Ginsburg | OT 2012 |
Holding: Proof of materiality is not a prerequisite to certification of a securities-fraud class action seeking money damages for alleged violations of Securities and Exchange Commission Rule #10(b) and Rule 1.
Judgment: Affirmed, 6-3, in an opinion by Justice Ginsburg on February 27, 2013. Justice Scalia filed a dissenting opinion. Justice Thomas filed a dissenting opinion in which Justice Kennedy joined and which Justice Scalia joined except for part I-B.
SCOTUSblog Coverage
- Opinion analysis: Plaintiffs need not establish materiality to obtain certification of securities class actions (Steven Kaufhold, March 1, 2013)
- Argument recap: Court poised to decide whether materiality is required for class certification (Steven Kaufhold, November 8, 2012)
- Argument preview: Materiality required for class certification in fraud-on-the-market cases? (Steven Kaufhold, November 1, 2012)
- Scholarship highlight: Who should resolve issues relating to the Federal Rules of Civil Procedure? (Lumen Mulligan and Glen Staszewski, October 17, 2012)
- Petition of the day (Matthew Bush, April 12, 2012)
| Date | Proceedings and Orders |
|---|---|
| Mar 1 2012 | Petition for a writ of certiorari filed. (Response due April 4, 2012) |
| Mar 26 2012 | Order extending time to file response to petition to and including May 4, 2012. |
| Apr 4 2012 | Brief amici curiae of Former SEC Commissioners, et al. filed. |
| Apr 4 2012 | Brief amici curiae of Washington Legal Foundation, et al. filed. |
| Apr 4 2012 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| May 2 2012 | Order further extending time to file response to petition to and including May 11, 2012. |
| May 11 2012 | Brief of respondent Connecticut Retirement Plans and Trust Funds in opposition filed. |
| May 21 2012 | Reply of petitioners Amgen Inc., et al. filed. |
| May 22 2012 | DISTRIBUTED for Conference of June 7, 2012. |
| May 31 2012 | Letter and attachment of respondent Connecticut Retirement Plans and Trust Funds filed. (Distributed) |
| Jun 4 2012 | Letter of petitioner Amgen Inc., et al. in response filed. (Distributed) |
| Jun 11 2012 | Petition GRANTED. Justice Breyer took no part in the consideration or decision of this petition. |
| Jun 21 2012 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 8, 2012. |
| Jun 21 2012 | The time to file respondent's brief on the merits is extended to and including September 20, 2012. |
| Jul 16 2012 | Motion to dispense with printing the joint appendix filed by petitioners Amgen Inc., et al. |
| Jul 23 2012 | SET FOR ARGUMENT ON Monday, November 5, 2012 |
| Jul 25 2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| Aug 2 2012 | Record recieved from U.S.C.A. for 9th Circuit. (1 box) |
| Aug 3 2012 | Record recieved from U.S.D.C. for Central District of California. (2 boxes) |
| Aug 8 2012 | Brief of petitioners Amgen Inc., et al. filed. |
| Aug 13 2012 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. Justice Breyer took no part in the consideration or decision of this motion. |
| Aug 13 2012 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondent. |
| Aug 14 2012 | Brief amici curiae of Law Professors filed. |
| Aug 15 2012 | Brief amici curiae of Washington Legal Foundation, et al. filed. |
| Aug 15 2012 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Aug 15 2012 | Brief amici curiae of Former SEC Commissioners, et al. filed. |
| Aug 15 2012 | Brief amicus curiae of Securities Industry and Financial Markets Association filed. |
| Aug 24 2012 | CIRCULATED. |
| Sep 20 2012 | Brief of respondent Connecticut Retirement Plans and Trust Funds filed. (Distributed) |
| Sep 27 2012 | Justice Breyer is no longer recused in this case. |
| Sep 27 2012 | Brief amicus curiae of the United States filed. (Distributed) |
| Sep 27 2012 | Brief of National Association of Shareholder and Consumer Attorneys filed. (Distributed) |
| Sep 27 2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Sep 27 2012 | Brief amicus curiae of Public Justice, P.C. filed. (Distributed) |
| Sep 27 2012 | Brief amici curiae of Civil Procedure and Securities Law Professors filed. (Distributed) |
| Sep 27 2012 | Brief amicus curiae of AARP filed. (Distributed) |
| Sep 27 2012 | Brief amici curiae of New York City Pension Funds, et al. filed. (Distributed) |
| Sep 27 2012 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| Sep 27 2012 | Brief amici curiae of Financial Economists filed. (Distributed) |
| Sep 27 2012 | Brief amici curiae of California Public Employees' Retirement System, et al. filed. (Distributed) |
| Oct 15 2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 22 2012 | Reply of petitioners Amgen Inc., et al. filed. (Distributed) |
| Nov 5 2012 | Argued. For petitioners: Seth P. Waxman, Washington, D. C. For respondent: David C. Frederick, Washington, D. C.; and Melissa Arbus Sherry, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Feb 27 2013 | Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a concurring opinion. Scalia, J., filed a dissenting opinion. Thomas, J., filed a dissenting opinion, in which Kennedy, J., joined, and in which Scalia, J., joined except for Part I-B. |
| Apr 1 2013 | JUDGMENT ISSUED. |
| Jul 5 2013 | Record returned to U.S. D.C. for Central District of California. |
