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Emulex Corporation, et al. v. Gary Varjabedian, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-55088 · judgment April 20, 2018

Decided · April 23, 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 the Ninth Circuit correctly held, in express disagreement with five other courts of appeals, that Section 14(e) of the Securities Exchange Act of 1934 supports an inferred private right of action based on a negligent misstatement or omission made in connection with a tender offer. DISMISSED AS IMPROVIDENTLY GRANTED.

Counsel of record

For petitioner
Gregory George Garre
Latham & Watkins LLP

For respondent
Daniel L. Geyser
Haynes and Boone, LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage · 9 merits
(6 supporting pet./neither, 3 respondent)

Argument & decision

Argued April 15, 2019 — Gregory G. Garre · Morgan L. Ratner · Daniel L. Geyser. Audio and transcript

Decided April 23, 2019. Opinion by Per Curiam.

Proceedings

  1. May 28 2019
    JUDGMENT ISSUED.
  2. Apr 23 2019
    Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam.
  3. Apr 15 2019
    Argued. For petitioners: Gregory G. Garre, Bethesda, Md. For United States, as amicus curiae: Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Daniel L. Geyser, Dallas, Tex.
  4. Apr 08 2019
    Reply of petitioners Emulex Corporation, et al. filed. (Distributed)
  5. Apr 01 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  6. Mar 28 2019
    Brief amicus curiae of North American Securities Administrators Association, Inc. filed. (Distributed)
  7. Mar 28 2019
    Brief amici curiae of Institutional Investors filed. (Distributed)
  8. Mar 28 2019
    Brief amici curiae of Legal Scholars filed. (Distributed)
  9. Mar 22 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  10. Mar 21 2019
    Record requested from the U.S.C.A. 9th Circuit.
  11. Mar 21 2019
    Brief of respondents Gary Varjabedian, et al. filed. (Distributed)
  12. Mar 20 2019
    CIRCULATED
  13. Feb 26 2019
    Brief amici curiae of Chamber of Commerce of the United States of America and Business Roundtable filed.
  14. Feb 26 2019
    Brief amicus curiae of Securities Industry and Financial Markets Association filed.
  15. Feb 26 2019
    Brief amicus curiae of United States in support of neither party filed.
  16. Feb 26 2019
    Brief amicus curiae of Washington Legal Foundation filed.
  17. Feb 26 2019
    Brief amicus curiae of Phillip Goldstein filed.
  18. Feb 25 2019
    Brief amici curiae of Former Commissioners of the Securities and Exchange Commission filed.
  19. Feb 19 2019
    Joint appendix (2 volumes) filed. (Statement of costs filed)
  20. Feb 19 2019
    Brief of petitioners Emulex Corporation, et al. filed.
  21. Feb 11 2019
    SET FOR ARGUMENT on Monday, April 15, 2019
  22. Feb 06 2019
    Blanket Consent filed by Respondents, Gary Varjabedian, et al.
  23. Jan 04 2019
    Petition GRANTED.
  24. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  25. Dec 18 2018
    Reply of petitioners Emulex Corporation, et al. filed.
  26. Nov 30 2018
    Brief of respondents Gary Varjabedian, et al. in opposition filed.
  27. Nov 13 2018
    Brief amicus curiae of Securities Industry and Financial Markets Association filed.
  28. Nov 13 2018
    Brief amicus curiae of Chamber of Commerce of the United States of America filed.
  29. Oct 18 2018
    Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2018.
  30. Oct 16 2018
    Motion to extend the time to file a response from November 13, 2018 to November 30, 2018, submitted to The Clerk.
  31. Oct 11 2018
    Petition for a writ of certiorari filed. (Response due November 13, 2018)