No. 18-1165

Retirement Plans Committee of IBM, et al. v. Larry W. Jander, et al.

Lower Court: Second Circuit
Docketed: 2019-03-08
Status: Judgment Issued
Type: Paid
Amici (8)Relisted (2) Experienced Counsel
Tags: amgen-v-harris circuit-split erisa erisa-fiduciary-duty fiduciary-duty fifth-third-standard fifth-third-v-dudenhoeffer insider-information pleading-standard private-securities-litigation-reform-act prudence prudent-fiduciary securities-fraud securities-litigation
Key Terms:
Arbitration ERISA Securities ClassAction JusticiabilityDoctri
Latest Conference: 2019-05-30 (distributed 2 times)
Question Presented (from Petition)

Whether Fifth Third's "more harm than good" pleading standard can be satisfied by generalized allegations that the harm of an inevitable disclosure of an alleged fraud generally increases over time.

Question Presented (AI Summary)

Alleged-fraud-disclosure-harm

Docket Entries

2020-02-18
JUDGMENT ISSUED.
2020-01-14
Judgment VACATED and case REMANDED. Kagan, J., filed a concurring <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-1165_768c.pdf'>opinion</a>, in which Ginsburg, J., joined. Gorsuch, J., filed a concurring <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-1165_768c.pdf'>opinion</a>. <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-1165_4gcj.pdf'>Opinion</a> per curiam.
2019-11-06
Argued. For petitioners: Paul D. Clement, Washington, D. C. For United States, as amicus curiae: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Samuel Bonderoff, New York, N. Y.
2019-10-24
Reply of petitioners Retirement Plans Committee of IBM, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
2019-10-15
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2019-10-01
Brief amici curiae of Law Professors filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
2019-10-01
Brief amicus curiae of Occupy the SEC filed. (Distributed)
Certificate of Word CountProof of ServiceMain Document
2019-10-01
Brief amici curiae of American Association for Justice and Public Justice filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
2019-09-27
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Proof of ServiceMain Document
2019-09-24
Brief of respondents Larry W. Jander, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
2019-09-16
Record received from the U.S.C.A. 2nd Circuit it electronic.
2019-09-16
Record requested from the U.S.C.A. 2nd Circuit.
2019-09-03
CIRCULATED
2019-08-13
Brief amici curiae of The Securities Industry and Financial Markets Association, The Chamber of Commerce of the United States of America, and The Business Roundtable filed.
Main DocumentCertificate of Word CountProof of Service
2019-08-13
Brief amici curiae of American Benefits Council and ERISA Industry Committee filed.
Main DocumentProof of ServiceCertificate of Word Count
2019-08-13
Brief amicus curiae of DRI—The Voice of the Defense Bar filed.
Main DocumentCertificate of Word CountProof of Service
2019-08-13
Brief amicus curiae of the United States in support of neither party filed.
Main DocumentProof of Service
2019-08-06
Joint appendix filed.
Main Document
2019-08-06
Brief of petitioners Retirement Plans Committee of IBM, et al. filed.
Main DocumentCertificate of Word CountProof of Service
2019-07-16
Joint motion for an extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 6, 2019. The time to file respondents' brief on the merits is extended to and including September 24, 2019.
2019-07-11
Blanket Consent filed by Petitioners, Retirement Plans Committee of IBM, et al.
Blanket Consent
2019-07-08
SET FOR ARGUMENT on Wednesday, November 6, 2019.
2019-07-01
Joint motion for an extension of time to file the briefs on the merits filed.
Main Document
2019-06-03
Petition GRANTED.
2019-05-28
DISTRIBUTED for Conference of 5/30/2019.
2019-05-07
DISTRIBUTED for Conference of 5/23/2019.
2019-05-06
Reply of petitioners Retirement Plans Committee of IBM, et al. filed.
Main DocumentCertificate of Word CountProof of Service
2019-04-18
Brief of respondents Larry Jander, et al. in opposition filed.
Main DocumentCertificate of Word CountProof of Service
2019-04-08
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Main DocumentCertificate of Word CountProof of Service
2019-04-04
Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2019.
2019-04-01
Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk.
Main Document
2019-03-04
Petition for a writ of certiorari filed. (Response due April 8, 2019)
PetitionCertificate of Word CountProof of Service

Attorneys

American Association for Justice and Public Justice
Matthew W.H. Wessler — Gupta Wessler PLLC, Amicus
Chamber of Commerce of the United States of America, American Benefits Council, and ERISA Industry Committee
Russell Laurence Hirschhorn — Proskauer Rose LLP, Amicus
DRI—THE VOICE OF THE DEFENSE BAR
Scott Burnett Smith — Bradley Arant Boult Cummings, LLP, Amicus
Larry W. Jander, et al.
Samuel Ethan Bonderoff — Zamansky, LLC, Respondent
Law Professors
Todd M. Schneider — Schneider Wallace Cottrell Konecky Wotkyns LLP, Amicus
Occupy the SEC
Akshat Tewary — Law Offices of Kamlesh Tewary, P.C., Amicus
Retirement Plans Committee of IBM, et al.
Paul D. Clement — Kirkland & Ellis LLP, Petitioner
The Securities Industry and Financial Markets Association, The Chamber of Commerce of the United States of America, and The Business Roundtable
Brian David Netter — Mayer Brown LLP, Amicus
United States
Noel John Francisco — Jones Day, Amicus