Supreme Court Report

Supreme Court of the United States · Official docket →

New York University v. Dr. Alan Sacerdote, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-2707 · judgment August 16, 2021

Certiorari denied · February 22, 2022
Pre-decision estimate: 16% cert probability (95% interval 11%–22%)

Before the decision, about 3.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether the bare allegation that New York University (“NYU”) offered retail-class shares of certain mutual funds rather than lower-cost institutional-class shares of the same mutual funds in its employee retirement plans states a claim that NYU breached its fiduciary duty of prudence under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §1104(a)(1)(B). (i)

Counsel of record

For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP

For respondent
Jerome J. Schlichter
Schlichter, Bogard & Denton, LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Feb 22 2022
    Petition DENIED.
  2. Feb 11 2022
    DISTRIBUTED for Conference of 2/18/2022.
  3. Jan 27 2022
    Supplemental brief of respondents Dr. Alan Sacerdote, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  4. Dec 29 2021
    DISTRIBUTED for Conference of 1/14/2022.
  5. Dec 28 2021
    Reply of petitioner New York University filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  6. Dec 15 2021
    Brief of respondents Dr. Alan Sacerdote, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  7. Nov 12 2021
    Petition for a writ of certiorari filed. (Response due December 16, 2021)
    PetitionAppendixProof of ServiceCertificate of Word Count