Emulex Corp. v. Varjabedian

Docket No.	Argument	Opinion	Vote	Author	Term
18-459	Apr 15, 2019	Apr 23, 2019	N/A	Per Curiam	OT 2018

Issue: Whether the U.S. Court of Appeals for the 9th Circuit correctly held, in express disagreement with five other courts of appeals, that Section 14(e) of the Securities Exchange Act of 1934 supports an inferred private right of action based on the negligent misstatement or omission made in connection with a tender offer.

Judgment: The writ of certiorari is dismissed as improvidently granted in a per curiam opinion on April 23, 2019.

SCOTUSblog Coverage

Practice Pointer: Digging into DIGs (Kevin Russell, April 25, 2019)
Justices pass on opportunity to define liability for inadequate disclosures about tender offers (Ronald Mann, April 23, 2019)
Argument analysis: Justices debate time travel in assessing liability for inadequate disclosures about tender offers (Ronald Mann, April 16, 2019)
Argument preview: Justices to consider ability of securities investors to sue for faulty disclosures about tender offers (Ronald Mann, April 8, 2019)
More on todays orders (Amy Howe, January 4, 2019)
Petitions of the week (Aurora Barnes, November 15, 2018)

Date	Proceedings and Orders (key to color coding)
10/11/2018	Petition for a writ of certiorari filed. (Response due November 13, 2018)
10/16/2018	Motion to extend the time to file a response from November 13, 2018 to November 30, 2018, submitted to The Clerk.
10/18/2018	Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2018.
11/13/2018	Brief amicus curiae of Securities Industry and Financial Markets Association filed.
11/13/2018	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
11/30/2018	Brief of respondents Gary Varjabedian, et al. in opposition filed.
12/18/2018	Reply of petitioners Emulex Corporation, et al. filed.
12/19/2018	DISTRIBUTED for Conference of 1/4/2019.
01/04/2019	Petition GRANTED.
02/06/2019	Blanket Consent filed by Respondents, Gary Varjabedian, et al.
02/11/2019	SET FOR ARGUMENT on Monday, April 15, 2019
02/19/2019	Joint appendix (2 volumes) filed. (Statement of costs filed)
02/19/2019	Brief of petitioners Emulex Corporation, et al. filed.
02/25/2019	Brief amici curiae of Former Commissioners of the Securities and Exchange Commission filed.
02/26/2019	Brief amici curiae of Chamber of Commerce of the United States of America and Business Roundtable filed.
02/26/2019	Brief amicus curiae of Securities Industry and Financial Markets Association filed.
02/26/2019	Brief amicus curiae of United States in support of neither party filed.
02/26/2019	Brief amicus curiae of Washington Legal Foundation filed.
02/26/2019	Brief amicus curiae of Phillip Goldstein filed.
03/20/2019	CIRCULATED
03/21/2019	Record requested from the U.S.C.A. 9th Circuit.
03/21/2019	Brief of respondents Gary Varjabedian, et al. filed. (Distributed)
03/22/2019	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
03/28/2019	Brief amicus curiae of North American Securities Administrators Association, Inc. filed. (Distributed)
03/28/2019	Brief amici curiae of Institutional Investors filed. (Distributed)
03/28/2019	Brief amici curiae of Legal Scholars filed. (Distributed)
04/01/2019	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
04/08/2019	Reply of petitioners Emulex Corporation, et al. filed. (Distributed)
04/15/2019	Argued. For petitioners: Gregory G. Garre, Bethesda, Md. For United States, as amicus curiae: Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Daniel L. Geyser, Dallas, Tex.
04/23/2019	Writ of certiorari DISMISSED as improvidently granted. <a href = 'https://www.supremecourt.gov/opinions/18pdf/18-459_4hdj.pdf'>Opinion</a> per curiam.
05/28/2019	JUDGMENT ISSUED.