Supreme Court Report

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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: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a petition filed soon after the judgment below, and down for a business respondent.

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

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, November 13, 2023 · Certiorari denied

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)