Supreme Court of the United States · Official docket →

Digital Realty Trust, Inc. v. Paul Somers

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-17352 · judgment March 8, 2017

Decided · February 21, 2018

At-filing estimate: 9% cert probability (95% interval 6%–13%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Ninth Circuit decision below, and a business petitioner.

Question presented

Whether the anti-retaliation provision for ''whistle- blowers" in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 extends to individuals who have not reported alleged misconduct to the Securities and Exchange Commission and thus fall outside the Act's definition of a ''whistleblower."

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Daniel L. Geyser
Haynes and Boone, LLP

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
4 cert-stage · 10 merits
(5 supporting pet./neither, 5 respondent)

Order
Order list, November 6, 2017

Argument & decision

Argued November 28, 2017 — Kannon K. Shanmugam · Daniel L. Geyser. Listen and read along · the Court’s audio

Decided February 21, 2018. Opinion by Ginsburg.

Proceedings

Mar 26 2018
JUDGMENT ISSUED.
Feb 21 2018
Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed a concurring opinion, in which Breyer, J., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Alito and Gorsuch, JJ., joined.
Nov 28 2017
Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Daniel L. Geyser, Dallas, Tex.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (Pro hac vice; for United States, as amicus curiae.)
Nov 09 2017
Reply of petitioner Digital Realty Trust, Inc. filed. (Distributed)
Nov 06 2017
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 06 2017
Motion to argue pro hac vice filed by the Solicitor General GRANTED.
Oct 18 2017
Record requested from the U.S.C.A. 9th Circuit.
Oct 18 2017
Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Oct 17 2017
Brief amici curiae of National Whistleblower Center, et al. filed. (Distributed)
Oct 17 2017
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 17 2017
Brief amicus curiae of Senator Charles Grassley filed. (Distributed)
Oct 17 2017
Brief amicus curiae of United States filed. (Distributed)
Oct 17 2017
Brief amicus curiae of Ethical Systems, Inc. filed. (Distributed)
Oct 17 2017
Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. (Distributed)
Oct 12 2017
CIRCULATED
Oct 11 2017
Motion to argue pro hac vice filed by the Solicitor General.
Oct 10 2017
Brief of respondent Paul Somers filed.
Oct 06 2017
SET FOR ARGUMENT ON Tuesday, November 28, 2017.
Aug 31 2017
Brief amicus curiae of The Center for Workplace Compliance filed.
Aug 31 2017
Brief amicus curiae of Cato Institute filed.
Aug 31 2017
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Aug 31 2017
Brief amici curiae of Lime Energy Services Company and Prestige Cruises International filed.
Aug 25 2017
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Aug 25 2017
Brief amici curiae of New England Legal Foundation, et al. filed.
Aug 24 2017
Brief of petitioner Digital Realty Trust, Inc. filed.
Jul 18 2017
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Jul 12 2017
The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 24, 2017.
Jul 12 2017
The time to file respondent's brief on the merits is extended to and including October 10, 2017.
Jul 12 2017
Motion to dispense with printing the joint appendix filed by petitioner Digital Realty Trust, Inc.
Jul 06 2017
Consent the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Jun 26 2017
Petition GRANTED.
Jun 19 2017
DISTRIBUTED for Conference of June 22, 2017.
Jun 02 2017
Reply of petitioner Digital Realty Trust, Inc. filed. (Distributed)
May 30 2017
DISTRIBUTED for Conference of June 15, 2017.
May 30 2017
Brief of respondent Paul Somers in opposition filed. (Distributed)
May 26 2017
Letter of May 26, 2017, from counsel for petitioner waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 received.
May 25 2017
Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)
May 25 2017
Brief amicus curiae of DRI-The Voice of the Defense Bar filed. (Distributed)
May 25 2017
Brief amicus curiae of Lime Energy Services Company filed. (Distributed)
May 24 2017
Brief amici curiae of New England Legal Foundation, et al. filed. (Distributed)
May 10 2017
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
May 08 2017
Order extending time to file response to petition to and including May 30, 2017.
May 03 2017
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Respondent.
Apr 25 2017
Petition for a writ of certiorari filed. (Response due May 25, 2017)