Decided

No. 11-1274

Marc J. Gabelli and Bruce Alpert v. Securities and Exchange Commission

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. Roberts, C. J., delivered the opinion for a unanimous Court.

Argued. For petitioners: Lewis J. Liman, New York, N. Y. For respondent: Jeffrey B. Wall, Assistant to the Solicitor General, Department of Justice, Washington, D. C.

Letter from counsel for petitioners Marc J. Gabelli and Bruce Alpert filed. (Distributed)

Reply brief of petitioners Marc J. Gabelli and Bruce Alpert filed. (Distributed)

Brief of respondent Securities and Exchange Commission filed. (Distributed)

Brief amicus curiae of Occupy the SEC filed. (Distributed)

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

Motion for leave to file amici brief out of time filed by Former SEC Commissioners and Officials GRANTED.

Motion for leave to file amici brief out of time filed by Former SEC Commissioners and Officials.

Brief amicus curiae of Association of the Bar of the City of New York filed. (Distributed)

CIRCULATED.

Brief amicus curiae of American Bankers Association filed. (Distributed)

Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed. (Distributed)

Brief amicus curiae of Cato Institute filed. (Distributed)

Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed)

Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)

Record from the U.S.D.C. for the Southern District of New York is electronic.

Joint appendix filed. (Statement of costs filed)

Brief of petitioners Marc J. Gabelli and Bruce Alpert filed.

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

Consent to the filing of amicus curiae briefs, in suport of either party or of neither party, received from the Solicitor General on behalf of the respondent.

SET FOR ARGUMENT ON Tuesday, January 8, 2013.

Petition GRANTED.

Supplemental brief of petitioner Marc J. Gabelli and Bruce Alpert filed. (Distributed) (Second Supplemental)

Supplemental brief of petitioner Marc J. Gabelli and Bruce Alpert filed. (Distributed)

Reply of petitioners Marc J. Gabelli and Bruce Alpert filed. (Distributed)

DISTRIBUTED for Conference of September 24, 2012.

Brief of respondent Securities and Exchange Commission in opposition filed.

Order further extending time to file response to petition to and including July 25, 2012.

Order extending time to file response to petition to and including June 25, 2012.

Petition for a writ of certiorari filed. (Response due May 24, 2012)

Application (11A755) granted by Justice Ginsburg extending the time to file until April 20, 2012.

Application (11A755) to extend further the time from March 22, 2012 to April 20, 2012, submitted to Justice Ginsburg.

Application (11A755) granted by Justice Ginsburg extending the time to file until March 22, 2012.

Application (11A755) to extend the time to file a petition for a writ of certiorari from February 20, 2012 to March 22, 2012, submitted to Justice Ginsburg.

Parties

Marc J. Gabelli and Bruce Alpert, Petitioner, represented by Lewis J. Liman

Securities and Exchange Commission, Respondent, represented by Donald B. Verrilli Jr.

Securities and Exchange Commission, Respondent, represented by Jeffrey B. Wall

Amici Curiae

American Bankers Association, Amicus Curiae, represented by Clifford M. Sloan

Association of the Bar of the City of New York, Amicus Curiae, represented by John F. Savarese

Cato Institute, Amicus Curiae, represented by Brian J. Murray

DRI - The Voice of the Defense Bar, Amicus Curiae, represented by Mary Massaron Ross

Former SEC Commissioners and Officials, Amicus Curiae, represented by Lee S. Richards

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Paul R.Q. Wolfson

Occupy the SEC, Amicus Curiae, represented by Akshat Tewary

Securities Industry and Financial Markets Association, et al., Amicus Curiae, represented by Mark A. Perry

 
Last updated: February 16, 2016