Question Presented (from Petition)
Whether Dudenhoeffer's "context-sensitive scrutiny of a complaint's allegations" can be met where a court presumes an asset must be prudent if it is publicly traded and imposes a categorical requirement that a plaintiff meet a heightened pleading standard without considering the circumstances surrounding the alleged breach.
Question Presented (AI Summary)
Whether Dudenhoeffer's 'context-sensitive scrutiny of a complaint's allegations' can be met where a court presumes an asset must be prudent if it is publicly traded and imposes a categorical requirement that a plaintiff meet a heightened pleading standard without considering the circumstances surrounding the alleged breach
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-19
Reply of petitioner Alexander Usenko, Derivatively on Behalf of the SunEdison Semiconductor Ltd. Retirement Savings Plan filed.
2019-11-06
Brief of respondents MEMC LLC, et al. in opposition filed.
2019-10-02
Petition for a writ of certiorari filed. (Response due November 6, 2019)
2019-09-20
Application (19A174) denied by Justice Gorsuch.
2019-09-19
Application (19A174) to extend further the time from October 2, 2019 to October 16, 2019, submitted to Justice Gorsuch.
2019-08-15
Application (19A174) granted by Justice Gorsuch extending the time to file until October 2, 2019.
2019-08-08
Application (19A174) to extend the time to file a petition for a writ of certiorari from September 2, 2019 to November 1, 2019, submitted to Justice Gorsuch.
MEMC LLC, The Investment Committee of the SunEdison Semiconductor Retirement Savings Plan, Steve Edens, Hemant Kapadia, Ben Llorico, and Cheng Yang