Murray v. UBS Securities, LLC
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-660 | 2nd Cir. |
Oct 10, 2023 |
Feb 8, 2024 | 9-0 | Sotomayor | OT 2023 |
Holding: A whistleblower seeking to invoke the protections of the Sarbanes-Oxley Act must prove that their protected activity was a contributing factor in the employer’s unfavorable personnel action, but need not prove that the employer acted with “retaliatory intent.”
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on February 8, 2024. Justice Alito filed an concurring opinion, in which Justice Barrett joined.
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| Date | Proceedings and Orders |
|---|---|
| Nov 11 2022 | Application (22A438) to extend the time to file a petition for a writ of certiorari from December 14, 2022 to January 13, 2023, submitted to Justice Sotomayor. |
| Nov 16 2022 | Application (22A438) granted by Justice Sotomayor extending the time to file until January 13, 2023. |
| Jan 13 2023 | Petition for a writ of certiorari filed. (Response due February 17, 2023) |
| Feb 03 2023 | Motion to extend the time to file a response from February 17, 2023 to March 20, 2023, submitted to The Clerk. |
| Feb 06 2023 | Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2023. |
| Feb 17 2023 | Brief amicus curiae of Public Citizen filed. |
| Feb 17 2023 | Brief amici curiae of U.S. Senator Charles E. Grassley, et al. filed. (April 13, 2023) (Distributed) |
| Mar 20 2023 | Brief of respondents UBS Securities, LLC, et al. in opposition filed. |
| Apr 05 2023 | DISTRIBUTED for Conference of 4/21/2023. |
| Apr 05 2023 | Reply of petitioner Trevor Murray filed. (Distributed) |
| Apr 24 2023 | DISTRIBUTED for Conference of 4/28/2023. |
| May 01 2023 | Petition GRANTED. |
| May 05 2023 | Motion for an extension of time for the filing of the briefs on the merits filed. |
| May 17 2023 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 27, 2023. The time to file respondents' brief on the merits is extended to and including August 8, 2023. |
| Jun 27 2023 | Brief of Trevor Murray not accepted for filing. (To be corrected and reprinted) |
| Jun 27 2023 | Brief of petitioner Trevor Murray filed. (Docketed July 13, 2023) |
| Jun 27 2023 | Joint appendix filed. |
| Jun 30 2023 | Brief amicus curiae of National Whistleblower Center filed. |
| Jun 30 2023 | Amicus brief of Senator Chalres Grassley & Senator Ron Wyden not accepted for filing. (July 05, 2023 - Duplicate submission) |
| Jun 30 2023 | Brief amici curiae of Senator Chalres Grassley, et al. filed. |
| Jul 05 2023 | Brief amicus curiae of United States filed. |
| Jul 05 2023 | Brief amici curiae of The Anti-Fraud Coalition, et al. filed. |
| Jul 05 2023 | Brief amicus curiae of Public Citizen filed. |
| Jul 05 2023 | Brief amicus curiae of Academy of Rail Labor Attorneys filed. |
| Jul 14 2023 | SET FOR ARGUMENT on Tuesday, October 10, 2023. |
| Jul 17 2023 | Record requested from the United States Court of Appeals for the Second Circuit. |
| Jul 21 2023 | Sealed material from the USDC, S. Dist., NY available with the Clerk. |
| Jul 27 2023 | CIRCULATED |
| Jul 27 2023 | Record from the United States Court of Appeals for the Second Circuit electronically received and available with the Clerk. |
| Aug 08 2023 | Brief of respondents UBS Securities, LLC, et al. filed. (Distributed) |
| Aug 11 2023 | Brief amicus curiae of The Society for Human Resource Management filed. (Distributed) |
| Aug 14 2023 | Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| Aug 15 2023 | Brief amicus curiae of Securities Industry and Financial Markets Association filed. (Distributed) |
| Aug 15 2023 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed) |
| Aug 15 2023 | Brief amicus curiae of Airlines for America filed. (Distributed) |
| Aug 15 2023 | Brief amicus curiae of American Association of Railroads filed. (Distributed) |
| Aug 15 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Sep 07 2023 | Reply of petitioner Trevor Murray filed. (Distributed) |
| Sep 26 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 10 2023 | Argued. For petitioner: Easha Anand, Stanford, Cal.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Eugene Scalia, Washington, D. C. |
| Feb 08 2024 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Barrett, J., joined. |
| Mar 11 2024 | Judgment issued. |
| Aug 13 2024 | Record returned to the United States District Court for the Southern District of New York. |
