No. 22-1165
Macquarie Infrastructure Corporation, et al. v. Moab Partners, L.P., et al.
Tags: circuit-split item-303 item-303-disclosure material-fact private-right-of-action sec-regulation-s-k sec-rule-10b-5 section-10b securities-exchange-act securities-exchange-act-1934
Key Terms:
ERISA Securities ClassAction
ERISA Securities ClassAction
Latest Conference:
2023-09-26
Question Presented (from Petition)
Whether the Second Circuit erred in holding —in conflict with the Third, Ninth, and Eleventh Circuits—that a failure to make a disclosure required under Item 303 can support a private claim under Section 10(b), even in the absence of an otherwise-misleading statement.
Question Presented (AI Summary)
Whether the Second Circuit erred in holding—in conflict with the Third, Ninth, and Eleventh Circuits— that a failure to make a disclosure required under Item 303 can support a private claim under Section 10(b), even in the absence of an untrue statement
Docket Entries
2024-05-14
Judgment Issued.
2024-04-12
Judgment VACATED and case REMANDED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-1165_10n2.pdf'>opinion</a> for a unanimous Court.
2024-01-16
Argued. For petitioners: Linda T. Coberly, Chicago, Ill. For respondent Moab Partners, L.P.: David C. Frederick, Washington, D. C.; and Ephraim McDowell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
2024-01-05
Reply of respondent Barclays Capital Inc. in support of vacatur filed. (Distributed)
2024-01-05
Reply of petitioners Macquarie Infrastructure Corp., et al. filed. (Distributed)
2024-01-05
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2023-12-20
Brief amici curiae of Consumer Advocates filed. (Distributed)
2023-12-20
Brief amicus curiae of United States filed. (Distributed)
2023-12-20
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2023-12-20
Brief amici curiae of Former SEC Officials filed. (Distributed)
2023-12-20
Brief amici curiae of Law and Business Professors filed. (Distributed)
2023-12-20
Brief amici curiae of Institutional Investors filed. (Distributed)
2023-12-13
Brief of respondent Moab Partners, L.P. filed. (Distributed)
2023-11-30
CIRCULATED
2023-11-29
Record received from the United States Court of Appeals for the Second Circuit. The record is electronic and is available with the Clerk.
2023-11-20
Brief amicus curiae of Atlantic Legal Foundation filed.
2023-11-20
Brief amicus curiae of The Society for Corporate Governance filed.
2023-11-20
Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
2023-11-20
Brief amicus curiae of Washington Legal Foundation filed.
2023-11-20
Record requested from the United States Court of Appeals for the Second Circuit.
2023-11-17
SET FOR ARGUMENT on Tuesday, January 16, 2024.
2023-11-13
Brief of respondent Barclays Capital Inc. in support of vacatur filed.
2023-11-13
Joint appendix filed. (Statement of costs filed)
2023-11-13
Brief of petitioners Macquarie Infrastructure Corp., et al. filed.
2023-09-29
Petition GRANTED.
2023-08-30
DISTRIBUTED for Conference of 9/26/2023.
2023-08-28
Reply of petitioners Macquarie Infrastructure Corp., et al. filed. (Distributed)
2023-08-11
Brief of respondent Moab Partners, L.P. in opposition filed.
2023-07-27
Motion to extend the time to file a response is granted and the time is further extended to and including August 11, 2023.
2023-07-26
Motion to extend the time to file a response from August 2, 2023 to August 11, 2023, submitted to The Clerk.
2023-07-03
Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
2023-07-03
Brief amicus curiae of Washington Legal Foundation filed.
2023-06-22
Motion to extend the time to file a response is granted and the time is extended to and including August 2, 2023.
2023-06-21
Motion to extend the time to file a response from July 3, 2023 to August 2, 2023, submitted to The Clerk.
2023-06-16
Waiver of right of respondent Barclays Capital Inc. to respond filed.
2023-05-30
Petition for a writ of certiorari filed. (Response due July 3, 2023)
2023-04-24
Application (22A920) granted by Justice Sotomayor extending the time to file until May 30, 2023.
2023-04-14
Application (22A920) to extend the time to file a petition for a writ of certiorari from April 27, 2023 to May 30, 2023, submitted to Justice Sotomayor.
Attorneys
Atlantic Legal Foundation
Lawrence S. Ebner — Atlantic Legal Foundation, Amicus
Barclays Capital Inc.
Consumer Advocates
Hannah Meredith Kieschnick — Public Justice, Amicus
Former SEC Officials
Institutional Investors
Law and Business Professors
J. Robert Brown Jr. — Amicus
Macquarie Infrastructure Corp., et al.
Linda T. Coberly — Winston & Strawn, LLP, Petitioner
Bruce C. Bishop — Steptoe LLP, Petitioner
Christopher Martin Paparella — Steptoe LLP, Petitioner
Moab Partners, L.P.
Securities Industry and Financial Markets Association, Chamber of Commerce of the United States of America, and Business Roundtable
William McGinley Jay — Goodwin Procter, LLP, Amicus
The Society for Corporate Governance
United States
Elizabeth B. Prelogar — Solicitor General, Amicus
Washington Legal Foundation
Lyle Roberts — Shearman & Sterling LLP, Amicus