Supreme Court of the United States · Official docket →

David Findlay, et al. v. Federal Housing Finance Agency

Paid petition · United States Court of Appeals for the Second Circuit, No. 15-1872-cv, 15-1874-cv · judgment September 28, 2017

Certiorari denied · June 25, 2018

Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Whether the Seventh Amendment requires a claim under Section 12(a)(2) of the Securities Act to be tried by a jury where petitioners did not sell the relevant securities and never possessed any proceeds from those sales.
Whether the Housing and Economic Recovery Act of 2008, which extends “the applicable statute of limitations” for claims brought by the Federal Housing Finance Agency, displaces federal and state statutes of repose as well as statutes of limitations.

For petitioner
David B. Tulchin
Sullivan & Cromwell LLP

For respondent
Noel John Francisco
Jones Day

Conference history
Distributed for 1 conference

Related
Vide, 17-1302

Jun 25 2018
Petition DENIED.
Jun 05 2018
DISTRIBUTED for Conference of 6/21/2018.
Jun 04 2018
Reply of petitioners David Findlay, et al. filed.
May 18 2018
Brief of respondent Federal Housing Finance Agency in opposition filed. VIDED
May 02 2018
Motion to extend the time to file a response is granted and the time is further extended to and including May 22, 2018.
May 01 2018
Motion to extend the time to file a response from May 14, 2018 to May 22, 2018, submitted to The Clerk.
Apr 05 2018
Motion to extend the time to file a response from April 13, 2018 to May 14, 2018, submitted to The Clerk.
Mar 12 2018
Petition for a writ of certiorari filed. (Response due April 13, 2018)