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Jackie Hosang Lawson v. FMR LLC, dba Fidelity Investments, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 17-2220 · judgment March 18, 2019


Certiorari denied · October 7, 2019
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

The district court excluded expert witness testimony. The First Circuit held that the proffered testimony “where not irrelevant” improperly impinged upon the role of the court in instructing jurors on the applicable legal standards. The district court, however, neglected to instruct the jury on the integral federal securities laws relevant to the case, as was promised. Thus, the lay jury did not receive any guidance as to what “could constitute violation of Federal law relating to fraud;” a pivotal component of the two deciding questions on the jury slip.

  1. Is the jury verdict just and proper on the two deciding questions whether “Fidelity’s conduct could constitute violation of Federal law relating to fraud against Fidelity’s mutual Fund shareholders,” where the jury was not made aware of what constitutes “violation of Federal law relating to fraud,r (Emphasis added). On March 04, 2014, this Court ruled in favor of the Petitioner, that the Respondents were covered entities under Section 806 of the Sarbanes-Oxley Act, 18 U.S.C. § 1514A.

  2. Which party; the Petitioner or the Respondents, is liable for the attorney fees incurred for getting coverage for the Respondents under the SarbanesOxley Act of 2002, on March 04, 2014, at the United States Supreme Court?

Counsel of record

For petitioner
Antonio Marcus Hudson

For respondent
Mark Andrew Perry
Weil, Gotshal & Manges, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Aug 14 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Aug 08 2019
    Reply of petitioner Jackie Lawson filed.
  4. Jul 29 2019
    Brief of respondents FMR LLC, et al. in opposition filed.
  5. May 29 2019
    Petition for a writ of certiorari filed. (Response due July 29, 2019)