Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Manning
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-1132 | 3d Cir. | Dec 1, 2015 | May 16, 2016 | 8-0 | Kagan | OT 2015 |
Holding: The jurisdictional test established by Section 27 of the federal Securities Exchange Act of 1934 is the same as the test of the general federal-question statute, Section 1331, for deciding if a case "arises under" a federal law.
Judgment: Affirmed, 8-0, in an opinion by Justice Kagan on May 16, 2016. Justice Thomas filed an opinion concurring in the judgment, in which Justice Sotomayor joined.
SCOTUSblog Coverage
- Opinion analysis: Justices apply traditional “arising under” standard to preserve role for state courts in securities litigation (Ronald Mann, May 17, 2016)
- Argument analysis: Justices spar with counsel over excluding securities litigation from state courts (Ronald Mann, December 2, 2015)
- Argument preview: Justices to study limits on state-court securities litigation (Ronald Mann, November 25, 2015)
- A new look at race and politics in redistricting (Lyle Denniston, June 30, 2015)
| Date | Proceedings and Orders |
|---|---|
| Mar 17 2015 | Petition for a writ of certiorari filed. (Response due April 17, 2015) |
| Apr 16 2015 | Motion for leave to file amicus brief filed by Securities Industry and Financial Markets Association. |
| Apr 16 2015 | Waiver of right of respondents Greg Manning, et al. to respond filed. |
| Apr 28 2015 | DISTRIBUTED for Conference of May 14, 2015. |
| May 1 2015 | Response Requested . (Due June 1, 2015) |
| May 6 2015 | Application (14A1143) to extend the time to file the response to the petition for a writ of certiorari from June 1, 2015 to June 16, 2015, submitted to Justice Alito. |
| May 7 2015 | Applicaton withdrawn. |
| May 8 2015 | Order extending time to file response to petition to and including June 5, 2015. |
| Jun 5 2015 | Brief of respondents Greg Manning, et al. in opposition filed. |
| Jun 9 2015 | DISTRIBUTED for Conference of June 25, 2015. |
| Jun 10 2015 | Reply of petitioners Merrill Lynch, Pierce, Fenner & Smith, Inc., et al. filed. (Distributed) |
| Jun 25 2015 | DISTRIBUTED for Conference of June 29, 2015. |
| Jun 30 2015 | Motion for leave to file amici brief filed by Securities Industry and Financial Markets Association GRANTED. |
| Jun 30 2015 | Petition GRANTED. |
| Aug 4 2015 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2015. |
| Aug 4 2015 | The time to file respondents' brief on the merits is extended to and including October 23, 2015. |
| Aug 18 2015 | Motion to dispense with printing the joint appendix filed by petitioners Merrill Lynch, Pierce, Fenner & Smith, Inc., et al. |
| Aug 31 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| Sep 3 2015 | Brief of petitioners Merrill Lynch, Pierce, Fenner & Smith, Inc., et al. filed. |
| Sep 3 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| Sep 10 2015 | Brief amicus curiae of Securities Industry and Financial Markets Association filed. |
| Sep 10 2015 | Brief amici curiae of NASDAQ, Inc., et al. filed. |
| Sep 10 2015 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| Sep 10 2015 | Brief amici curiae of Natural Gas Supply Association, et al. filed. |
| Sep 10 2015 | Brief amicus curiae of Interstate Natural Gas Association of America filed. |
| Oct 5 2015 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Oct 9 2015 | SET FOR ARGUMENT on Tuesday, December 1, 2015 |
| Oct 19 2015 | Record requested from the U.S.C.A. 3rd Circuit. |
| Oct 23 2015 | Record received from the U.S.C.A. 3rd Circuit is electronic. |
| Oct 23 2015 | Record received from the U.S.D.C. District of New Jersey is electronic. |
| Oct 23 2015 | Brief of respondents Greg Manning, et al. filed. |
| Oct 27 2015 | CIRCULATED. |
| Oct 30 2015 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| Oct 30 2015 | Brief amicus curiae of North American Securities Administrators Association filed. (Distributed) |
| Oct 30 2015 | Brief amicus curiae of AARP filed. (Distributed) |
| Nov 23 2015 | Reply of petitioners Merrill Lynch, Pierce, Fenner & Smith, Inc., et al. filed. (Distributed) |
| Dec 1 2015 | Argued. For petitioners: Jonathan D. Hacker, Washington, D. C. For respondents: Peter K. Stris, Los Angeles, Cal. |
| May 16 2016 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Alito, JJ., joined. Thomas, J., filed an opinion concurring in the judgment, in which Sotomayor, J., joined. |
| Jun 17 2016 | JUDGMENT ISSUED |
