Breaking News

Freidus v. ING Groep N.V.

Docket No. Op. Below Argument Opinion Vote Author Term
13-1505 2d Cir. Not Argued Mar 30, 2015 TBD TBD OT 2014

Issue: Whether, for purposes of a claim under Section 11 of the Securities Act of 1933, a plaintiff must plead that a statement of opinion not only contains false statements of material facts or omits material facts required to make the statements in the registration statement not misleading, but also that the speaker actually knew that the statements were false or misleading, even though the Court has held, in Ernst & Ernst v. Hochfelder, that under § 11 “the issuer of the securities is held absolutely liable,” without regard to fault.

DateProceedings and Orders (key to color coding)
Jun 16 2014Petition for a writ of certiorari filed. (Response due July 18, 2014)
Jul 11 2014Waiver of right of respondents ING Groep N.V., et al. to respond filed.
Jul 14 2014Waiver of right of respondents ING Groep N.V., et al. to respond filed.
Jul 23 2014DISTRIBUTED for Conference of September 29, 2014.
Aug 12 2014Response Requested . (Due September 11, 2014)
Sep 11 2014Brief of respondents ING Groep N.V., et al. in opposition filed.
Sep 25 2014Reply of petitioners Marshall Freidus, et al. filed.
Oct 1 2014DISTRIBUTED for Conference of October 17, 2014.
Mar 25 2015DISTRIBUTED for Conference of March 27, 2015.
Mar 25 2015Supplemental brief of respondents ING Groep N.V., et al. filed. (Distributed)
Mar 26 2015Supplemental brief of petitioners Marshall Freidus, et al. filed. (Distributed)
Mar 30 2015Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund, 575 U. S. ___ (2015).
May 1 2015JUDGMENT ISSUED.