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Intel Corporation Investment Policy Committee, et al. v. Christopher M. Sulyma

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-15864 · judgment November 28, 2018

Decided · February 26, 2020
Pre-decision estimate: 10% cert probability (95% interval 8%–14%)

Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below.

Question presented

Whether the three-year limitations period in Section 413(2) of the Employee Retirement Income Security Act, 29 U.S.C. 1113(2), which runs from "the earliest date on which the plaintiff had actual knowledge of the breach or violation," bars suit where all of the relevant information was disclosed to the plaintiff by the defendants more than three years before the plaintiff filed the complaint, but the plaintiff chose not to read or could not recall having read the information.

Counsel of record

For petitioner
Donald B. Verrilli Jr.
Munger, Tolles & Olson LLP

For respondent
Matthew W.H. Wessler
Gupta Wessler LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage · 4 merits
(1 supporting pet./neither, 3 respondent)

Argument & decision

Argued December 4, 2019 — Donald B. Verrilli · Matthew W.H. Wessler. Audio and transcript

Decided February 26, 2020. Opinion by Alito.

Proceedings

  1. Mar 30 2020
    JUDGMENT ISSUED.
  2. Feb 26 2020
    Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court.
  3. Dec 04 2019
    Argued. For petitioners: Donald B. Verrilli, Jr., Washington, D. C. For respondent: Matthew W.H. Wessler, Washington, D. C.; and Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
  4. Nov 20 2019
    Reply of petitioners Intel Corporation Investment Policy Committee, et al. filed. (Distributed)
  5. Nov 12 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  6. Oct 28 2019
    Brief amicus curiae of United States filed. (Distributed)
  7. Oct 28 2019
    Brief amici curiae of AARP and AARP Foundation filed. (Distributed)
  8. Oct 28 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  9. Oct 28 2019
    Amicus brief of The Pension Rights Center not accepted for filing (October 31, 2019). (Corrected brief submitted).
  10. Oct 28 2019
    Brief amicus curiae of The Pension Rights Center filed (October 29, 2019). (Distributed)
  11. Oct 25 2019
    CIRCULATED
  12. Oct 23 2019
    Record requested from the U.S.C.A. 9th Circuit.
  13. Oct 21 2019
    Brief of respondent Christopher M. Sulyma filed.
  14. Sep 13 2019
    SET FOR ARGUMENT on Wednesday, December 4, 2019.
  15. Aug 28 2019
    Brief amici curiae of The National Association of Manufacturers, et al. filed.
  16. Aug 21 2019
    Blanket Consent filed by Petitioner, Intel Corporation Investment Policy Committee, et al.
  17. Aug 21 2019
    Joint appendix (2 volumes) filed.
  18. Aug 21 2019
    Brief of petitioners Intel Corporation Investment Policy Committee, et al. filed.
  19. Jun 27 2019
    Joint motion for an extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 21, 2019. The time to file respondent's brief on the merits is extended to and including October 21, 2019.
  20. Jun 17 2019
    Joint motion for an extension of time to file the briefs on the merits filed.
  21. Jun 10 2019
    Petition GRANTED.
  22. Jun 03 2019
    DISTRIBUTED for Conference of 6/6/2019.
  23. May 14 2019
    DISTRIBUTED for Conference of 5/30/2019.
  24. May 14 2019
    Reply of petitioners Intel Corporation Investment Policy Committee, et al. filed. (Distributed)
  25. Apr 29 2019
    Brief of respondent Christopher M. Sulyma in opposition filed.
  26. Mar 28 2019
    Brief amici curiae of The National Association of Manufacturers, et al. filed.
  27. Mar 21 2019
    Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2019.
  28. Mar 18 2019
    Motion to extend the time to file a response from March 28, 2019 to April 27, 2019, submitted to The Clerk.
  29. Feb 26 2019
    Petition for a writ of certiorari filed. (Response due March 28, 2019)