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First Solar, Inc., et al. v. Mineworkers' Pension Scheme, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-17282 · judgment January 31, 2018

Certiorari denied · June 24, 2019
Pre-decision estimate: 9% cert probability (95% interval 6%–13%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether a private securities-fraud plaintiff may establish the critical element of loss causation based on a decline in the market price of a security where the event or disclosure that triggered the decline did not reveal the fraud on which the plaintiff’s claim is based. (i)

Counsel of record

For petitioner
Neal Kumar Katyal
Milbank LLP

For respondent
Susan K. Alexander
Robbins Geller Rudman & Dowd, LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Jun 24 2019
    Petition DENIED.
  2. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  3. May 28 2019
    Supplemental brief of petitioners First Solar, Inc., et al. filed.
  4. May 15 2019
    Brief amicus curiae of United States filed.
  5. Oct 09 2018
    The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Kavanaugh took no part in the consideration or decision of this petition.
  6. Sep 19 2018
    DISTRIBUTED for Conference of 10/5/2018.
  7. Sep 19 2018
    Reply of petitioners First Solar, Inc., et al. filed. (Distributed)
  8. Sep 05 2018
    Brief of respondents Mineworkers' Pension Scheme, et al. in opposition filed.
  9. Sep 05 2018
    Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
  10. Aug 06 2018
    Petition for a writ of certiorari filed. (Response due September 5, 2018)