No. 22-660
Trevor Murray v. UBS Securities, LLC, et al.
Tags: affirmative-defense burden-shifting employment-law intent personnel-action retaliation retaliatory-intent sarbanes-oxley whistleblower whistleblower-protection
Latest Conference:
2023-04-28
(distributed 2 times)
Question Presented (from Petition)
Under the burden-shifting framework that governs Sarbanes-Oxley cases, must a whistleblower prove his employer acted with a "retaliatory intent" as part of his case in chief, or is the lack of "retaliatory intent" part of the affirmative defense on which the employer bears the burden of proof?
Question Presented (AI Summary)
Under the burden-shifting framework that governs Sarbanes-Oxley cases, must a whistleblower prove his employer acted with a 'retaliatory intent' as part of his case in chief, or is the lack of 'retaliatory intent' part of the affirmative defense on which the employer bears the burden of proof?
Docket Entries
2024-08-13
Record returned to the United States District Court for the Southern District of New York.
2024-03-11
Judgment issued.
2024-02-08
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.
2023-10-10
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.
2023-09-26
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2023-09-07
Reply of petitioner Trevor Murray filed. (Distributed)
2023-08-15
Brief amicus curiae of Securities Industry and Financial Markets Association filed. (Distributed)
2023-08-15
Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
2023-08-15
Brief amicus curiae of Airlines for America filed. (Distributed)
2023-08-15
Brief amicus curiae of American Association of Railroads filed. (Distributed)
2023-08-15
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2023-08-14
Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
2023-08-11
Brief amicus curiae of The Society for Human Resource Management filed. (Distributed)
2023-08-08
Brief of respondents UBS Securities, LLC, et al. filed. (Distributed)
2023-07-27
Record from the United States Court of Appeals for the Second Circuit electronically received and available with the Clerk.
2023-07-27
CIRCULATED
2023-07-21
Sealed material from the USDC, S. Dist., NY available with the Clerk.
2023-07-17
Record requested from the United States Court of Appeals for the Second Circuit.
2023-07-14
SET FOR ARGUMENT on Tuesday, October 10, 2023.
2023-07-05
Brief amici curiae of The Anti-Fraud Coalition, et al. filed.
2023-07-05
Brief amicus curiae of Academy of Rail Labor Attorneys filed.
2023-07-05
Brief amicus curiae of Public Citizen filed.
2023-07-05
Brief amicus curiae of United States filed.
2023-06-30
Brief amici curiae of Senator Chalres Grassley, et al. filed.
2023-06-30
Brief amicus curiae of National Whistleblower Center filed.
2023-06-27
Joint appendix filed.
2023-06-27
Brief of petitioner Trevor Murray filed. (Docketed July 13, 2023)
2023-05-17
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.
2023-05-05
Motion for an extension of time for the filing of the briefs on the merits filed.
2023-05-01
Petition GRANTED.
2023-04-24
DISTRIBUTED for Conference of 4/28/2023.
2023-04-05
Reply of petitioner Trevor Murray filed. (Distributed)
2023-04-05
DISTRIBUTED for Conference of 4/21/2023.
2023-03-20
Brief of respondents UBS Securities, LLC, et al. in opposition filed.
2023-02-17
Brief amici curiae of U.S. Senator Charles E. Grassley, et al. filed. (April 13, 2023) (Distributed)
2023-02-17
Brief amicus curiae of Public Citizen filed.
2023-02-06
Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2023.
2023-02-03
Motion to extend the time to file a response from February 17, 2023 to March 20, 2023, submitted to The Clerk.
2023-01-13
Petition for a writ of certiorari filed. (Response due February 17, 2023)
2022-11-16
Application (22A438) granted by Justice Sotomayor extending the time to file until January 13, 2023.
2022-11-11
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.
Attorneys
Academy of Rail Labor Attorneys
Adam William Hansen — Amicus
Airlines for America
Anton Metlitsky — O'Melveny & Myers, LLP, Amicus
American Association of Railroads
Donald James Munro — Jones Day, Amicus
David Michael Morrell — Jones Day, Amicus
Chamber of Commerce of the United States of America
National Whistleblower Center
Stephen M. Kohn — Kohn, Kohn and Colapinto, LLP, Amicus
Public Citizen
Securities Industry and Financial Markets Association
David B. Salmons — Morgan, Lewis & Bockius LLP, Amicus
Senator Chalres Grassley & Senator Ron Wyden
Alan B. Morrison — George Washington Law School, Amicus
The Anti-Fraud Coalition; the National Employment Lawyers Association; Better Markets Inc.
Samuel John Buffone Jr. — Black & Buffone PLLC, Amicus
The Society for Human Resource Management
Christopher F. Robertson — Seyfarth Shaw LLP, Amicus
Trevor Murray
Robert Lloyd Herbst — Herbst Law, PLLC, Petitioner
Easha Anand — Stanford Supreme Court Litigation Clinic, Petitioner
U.S. Senator Charles E. Grassley
Alan Robert Kabat — Bernabei & Kabat, PLLC, Amicus
UBS Securities, LLC, et al.
Eugene Scalia — Gibson, Dunn & Crutcher LLP, Respondent
United States
Elizabeth B. Prelogar — Solicitor General, Amicus
Washington Legal Foundation