Supreme Court of the United States · Official docket →
AST & Science LLC v. Delclaux Partners SA
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-11985 · judgment July 9, 2025
Before the decision, roughly the 4.1% base rate. The model weighted this up for an Eleventh Circuit decision below, a petition filed soon after the judgment below, and a business petitioner, and down for a business respondent.
Question presented
Section 27 of the Securities Exchange Act confers exclusive federal jurisdiction over claims “brought to enforce any liability or duty created by” the Exchange Act. See 15 U.S.C. § 78aa. In Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, 578 U.S. 374 (2016), this Court held that the jurisdictional reach of Section 27 is equivalent to that of 28 U.S.C. § 1331. Accordingly, for state-law claims implicating the Exchange Act, courts must apply the test in Grable & Sons Metal Products, Inc. v. Darue Eng’g & Mfr., 545 U.S. 308 (2005). Justices Thomas and Sotomayor have cautioned that applying the “arising under” test in Section 27 cases could introduce unnecessary complexity and potentially exclude from federal courts lawsuits brought to enforce liabilities or duties created by the Exchange Act. That is what happened here. Both the district court and the Eleventh Circuit acknowledged that Petitioner’s claim necessarily depended on a violation of the Exchange Act. Nevertheless, federal jurisdiction was lacking because the particular duty at issue was not “substantial” under Grable. The question presented is as follows: Whether the Supreme Court’s decision in Manning should be revisited to determine if the “arising under” jurisdictional test should continue to be used for purposes of assessing jurisdiction under Section 27 of the Exchange Act?
Counsel of record
For petitioner
John Russell FitzGerald
Foley & Lardner LLP
For respondent
Bethany J. M. Pandher
Greenberg Traurig, P.A.
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 10, 2025 · Certiorari denied
Proceedings
- Nov 10 2025Petition DENIED.
- Oct 22 2025DISTRIBUTED for Conference of 11/7/2025.
- Oct 15 2025Waiver of right of respondent Delclaux Partners SA to respond filed.
- Oct 07 2025Petition for a writ of certiorari filed. (Response due November 10, 2025)