Amgen V Connecticut Retirement Plans Summary

Amgen Inc. v. Connecticut Retirement Plans and Trust Funds

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-1085	9th Cir.	Nov 5, 2012	Feb 27, 2013	6-3	Ginsburg	OT 2012

Holding: Proof of materiality is not a prerequisite to certification of a securities-fraud class action seeking money damages for alleged violations of Securities and Exchange Commission Rule #10(b) and Rule 1.

Judgment: Affirmed, 6-3, in an opinion by Justice Ginsburg on February 27, 2013. Justice Scalia filed a dissenting opinion. Justice Thomas filed a dissenting opinion in which Justice Kennedy joined and which Justice Scalia joined except for part I-B.

SCOTUSblog Coverage

• Opinion analysis: Plaintiffs need not establish materiality to obtain certification of securities class actions (Steven Kaufhold, March 1, 2013)
• Argument recap: Court poised to decide whether materiality is required for class certification (Steven Kaufhold, November 8, 2012)
• Argument preview: Materiality required for class certification in fraud-on-the-market cases? (Steven Kaufhold, November 1, 2012)
• Scholarship highlight: Who should resolve issues relating to the Federal Rules of Civil Procedure? (Lumen Mulligan and Glen Staszewski, October 17, 2012)
• Petition of the day (Matthew Bush, April 12, 2012)

Date	Proceedings and Orders (key to color coding)
Mar 1 2012	Petition for a writ of certiorari filed. (Response due April 4, 2012)
Mar 26 2012	Order extending time to file response to petition to and including May 4, 2012.
Apr 4 2012	Brief amici curiae of Former SEC Commissioners, et al. filed.
Apr 4 2012	Brief amici curiae of Washington Legal Foundation, et al. filed.
Apr 4 2012	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
May 2 2012	Order further extending time to file response to petition to and including May 11, 2012.
May 11 2012	Brief of respondent Connecticut Retirement Plans and Trust Funds in opposition filed.
May 21 2012	Reply of petitioners Amgen Inc., et al. filed.
May 22 2012	DISTRIBUTED for Conference of June 7, 2012.
May 31 2012	Letter and attachment of respondent Connecticut Retirement Plans and Trust Funds filed. (Distributed)
Jun 4 2012	Letter of petitioner Amgen Inc., et al. in response filed. (Distributed)
Jun 11 2012	Petition GRANTED. Justice Breyer took no part in the consideration or decision of this petition.
Jun 21 2012	The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 8, 2012.
Jun 21 2012	The time to file respondent's brief on the merits is extended to and including September 20, 2012.
Jul 16 2012	Motion to dispense with printing the joint appendix filed by petitioners Amgen Inc., et al.
Jul 23 2012	SET FOR ARGUMENT ON Monday, November 5, 2012
Jul 25 2012	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Aug 2 2012	Record recieved from U.S.C.A. for 9th Circuit. (1 box)
Aug 3 2012	Record recieved from U.S.D.C. for Central District of California. (2 boxes)
Aug 8 2012	Brief of petitioners Amgen Inc., et al. filed.
Aug 13 2012	Motion to dispense with printing the joint appendix filed by petitioners GRANTED. Justice Breyer took no part in the consideration or decision of this motion.
Aug 13 2012	Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondent.
Aug 14 2012	Brief amici curiae of Law Professors filed.
Aug 15 2012	Brief amici curiae of Washington Legal Foundation, et al. filed.
Aug 15 2012	Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Aug 15 2012	Brief amici curiae of Former SEC Commissioners, et al. filed.
Aug 15 2012	Brief amicus curiae of Securities Industry and Financial Markets Association filed.
Aug 24 2012	CIRCULATED.
Sep 20 2012	Brief of respondent Connecticut Retirement Plans and Trust Funds filed. (Distributed)
Sep 27 2012	Justice Breyer is no longer recused in this case.
Sep 27 2012	Brief amicus curiae of the United States filed. (Distributed)
Sep 27 2012	Brief of National Association of Shareholder and Consumer Attorneys filed. (Distributed)
Sep 27 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 27 2012	Brief amicus curiae of Public Justice, P.C. filed. (Distributed)
Sep 27 2012	Brief amici curiae of Civil Procedure and Securities Law Professors filed. (Distributed)
Sep 27 2012	Brief amicus curiae of AARP filed. (Distributed)
Sep 27 2012	Brief amici curiae of New York City Pension Funds, et al. filed. (Distributed)
Sep 27 2012	Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
Sep 27 2012	Brief amici curiae of Financial Economists filed. (Distributed)
Sep 27 2012	Brief amici curiae of California Public Employees' Retirement System, et al. filed. (Distributed)
Oct 15 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 22 2012	Reply of petitioners Amgen Inc., et al. filed. (Distributed)
Nov 5 2012	Argued. For petitioners: Seth P. Waxman, Washington, D. C. For respondent: David C. Frederick, Washington, D. C.; and Melissa Arbus Sherry, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Feb 27 2013	Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a concurring opinion. Scalia, J., filed a dissenting opinion. Thomas, J., filed a dissenting opinion, in which Kennedy, J., joined, and in which Scalia, J., joined except for Part I-B.
Apr 1 2013	JUDGMENT ISSUED.
Jul 5 2013	Record returned to U.S. D.C. for Central District of California.

Amgen V Connecticut Retirement Plans Summary

Source: https://www.scotusblog.com/case-files/cases/amgen-inc-v-connecticut-retirement-plans-and-trust-funds/

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