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Keith M. Krupka, et al. v. Stifel Nicolaus & Co., Inc.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-8004 · judgment June 9, 2023


Certiorari denied · November 13, 2023
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a state law negligence claim based solely on an underwriter’s acts and omissions with respect to a securities offering document “relates to the rights, duties. . ., and obligations relating to, or created by or pursuant to” a security so as to come within the securities exception (the “Securities Exception”) to federal jurisdiction under the Class Action Fairness Act. (“CAFA”)

Counsel of record

For petitioner
James Timothy Francis
Francis Law, LLC

For respondent
Neal F. Perryman
Lewis Rice LLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 13 2023
    Petition DENIED.
  2. Oct 24 2023
    DISTRIBUTED for Conference of 11/9/2023.
  3. Oct 23 2023
    Reply of petitioners Keith M. Krupka, et al. filed. (Distributed)
  4. Oct 10 2023
    Brief of respondent Stifel Nicolaus & Co., Inc. in opposition filed.
  5. Sep 07 2023
    Petition for a writ of certiorari filed. (Response due October 11, 2023)