Decided

No. 15-138

RJR Nabisco, Inc., et al. v. The European Community, et al.

from the United States Court of Appeals for the Second Circuit

See other cases from the Second Circuit.

Docket Entries

JUDGMENT ISSUED

Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy and Thomas, JJ., joined, and in which Ginsburg, Breyer, and Kagan, JJ., joined as to Parts I, II, and III. Ginsburg, J., filed an opinion concurring in part, dissenting in part, and dissenting from the judgment, in which Breyer and Kagan, JJ., joined. Breyer, J., filed an opinion concurring in part, dissenting in part, and dissenting from the judgment. Sotomayor, J., took no part in the consideration or decision of the case.

Argued. For petitioners: Gregory G. Katsas, Washington, D. C. For United States as amicus curiae in support of vacatur: Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: David C. Frederick, Washington, D. C.

Reply of petitioners RJR Nabisco, Inc., et al. filed. (Distributed)

Letter from counsel for the respondents regarding filing in the district court. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion.

Record from U.S.D.C. Eastern District of New York is electronic and located on PACER. Transcripts not available on PACER are electronic.

CIRCULATED.

Record received from U.S.C.A. 2nd Circuit is electronic.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Record requested from U.S.C.A. 2nd Circuit.

Brief of respondents The European Community, et al. filed.

SET FOR ARGUMENT ON Monday, March 21, 2016

Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed.

Brief amicus curiae of The National Foreign Trade Council filed.

Brief amicus curiae of United States in support of vacatur filed.

Brief of petitioners RJR Nabisco, Inc., et al. filed.

Motion to dispense with printing the joint appendix filed by petitioner GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion.

Further extension of time within which to file respondents' brief on the merits to and including February 4, 2016.

Further extension of time within which to file the joint appendix and petitioners' brief on the merits to and including December 11, 2015.

The time to file respondents' brief on the merits is extended to and including January 15, 2016.

The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 1, 2015.

Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondents.

Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioners.

Motion to dispense with printing the joint appendix filed by petitioners RJR Nabisco, Inc., et al.

Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion.

Petition GRANTED. Justice Sotomayor took no part in the consideration or decision of this petition.

DISTRIBUTED for Conference of September 28, 2015.

Reply of petitioners RJR Nabisco, Inc., et al. filed. (Distributed)

Motion for leave to file amicus brief filed by Washington Legal Foundation.

Brief of respondents The European Community, et al. in opposition filed.

Petition for a writ of certiorari filed. (Response due August 31, 2015)

Application (15A24) granted by Justice Ginsburg extending the time to file until July 27, 2015.

Application (15A24) to extend the time to file a petition for a writ of certiorari from July 12, 2015 to July 27, 2015, submitted to Justice Ginsburg.

Parties

RJR Nabisco, Inc., et al., Petitioner, represented by Gregory G. Katsas

The European Community, et al., Respondent, represented by John J. Halloran Jr.

The European Community, et al., Respondent, represented by David C. Frederick

Amici Curiae

The National Foreign Trade Council, Amicus Curiae, represented by Timothy Paul Harkness

United States, Amicus Curiae, represented by Elaine J. Goldenberg

United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

Washington Legal Foundation and Allied Educational Foundation, Amicus Curiae, represented by Cory L. Andrews

 
Last updated: March 29, 2017