Decided

No. 13-435

Omnicare, Inc., et al. v. Laborers District Council Construction Industry Pension Fund, et al.

from the United States Court of Appeals for the Sixth Circuit

See other cases from the Sixth Circuit.

Docket Entries

JUDGMENT ISSUED

Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Alito, and Sotomayor, JJ., joined. Scalia, J., filed an opinion concurring in part and concurring in the judgment. Thomas, J., filed an opinion concurring in the judgment.

Argued. For petitioners: Kannon K. Shanmugam, Washington, D. C. For respondents: Thomas C. Goldstein, Bethesda, Md.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. The time is to be divided as follows: 30 minutes for the petitioners, 20 minutes for the respondents, and 10 minutes for the Solicitor General.

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

CIRCULATED

Record received from U.S.D.C. Eastern District of Kentucky. This record is electronic and located on PACER.

Record received from U.S.C.A. 6th Circuit, this record is electronic.

Record requested from U.S.C.A. for 6th Circuit.

SET FOR ARGUMENT on Monday, November 3, 2014.

Brief amici curiae of Wyoming Retirement System, et al. filed.

Brief amici curiae of Common Law Scholars filed.

Response of petitioners' to motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument.

Brief amici curiae of Institutional Investors filed.

Brief amici curiae of Professors at Law and Business Schools filed.

Brief amicus curiae of Public Citizen, Inc. filed.

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

Brief amicus curiae of AARP filed.

Brief amicus curiae of Occupy the SEC filed.

Brief of respondents Laborers District Council Construction Industry Pension Fund, et al. filed.

Brief amicus curiae of Center for Audit Quality filed.

Brief amici curiae of Chamber of Commerce of the United States of America and Business Roundtable filed.

Brief amicus curiae of the United States filed.

Brief amicus curiae of Washington Legal Foundation filed.

Brief amicus curiae of Securities Industry and Financial Markets Association filed.

Brief of petitioners Omnicare, Inc., et al. filed.

Joint appendix filed. (Statement of costs filed)

The time to file respondent's brief on the merits is extended to and including August 25, 2014.

The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 5, 2014.

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 support of either party or of neither party, received from counsel for the respondents.

Petition GRANTED.

DISTRIBUTED for Conference of February 28, 2014.

DISTRIBUTED for Conference of February 21, 2014.

Reply of petitioners Omnicare, Inc., et al. filed.

Brief of respondents Laborers District Council Construction Industry Pension Fund, et al. in opposition filed.

Order extending time to file response to petition to and including January 9, 2014.

Response Requested . (Due December 23, 2013)

DISTRIBUTED for Conference of December 6, 2013.

Waiver of right of respondents Laborers District Council Construction Industry Pension Fund, et al. to respond filed.

Petition for a writ of certiorari filed. (Response due November 7, 2013)

Parties

Omnicare, Inc., et al., Petitioner, represented by Linda T. Coberly

Omnicare, Inc., et al., Petitioner, represented by Kannon K. Shanmugam

Laborers District Council Construction Industry Pension Fund, et al., Respondent, represented by Eric A. Isaacson

Laborers District Council Construction Industry Pension Fund, et al., Respondent, represented by Thomas C. Goldstein

Amici Curiae

AARP, Amicus Curiae, represented by Jay E. Sushelsky

Center for Audit Quality, Amicus Curiae, represented by Carter G. Phillips

Chamber of Commerce of the United States of America and Business Roundtable, Amicus Curiae, represented by George T. Conway III.

Common Law Scholars, Amicus Curiae, represented by Ernest A. Young

Institutional Investors, Amicus Curiae, represented by Jonathan S. Massey

Occupy the SEC, Amicus Curiae, represented by Akshat Tewary

Professors at Law and Business Schools, Amicus Curiae, represented by J. Robert Brown Jr.

Public Citizen, Inc., Amicus Curiae, represented by Scott L. Nelson

Securities Industry and Financial Markests Association, Amicus Curiae, represented by Richard D. Bernstein

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

United States, Amicus Curiae, represented by Nicole A. Saharsky

Washington Legal Foundation, Amicus Curiae, represented by Douglas W. Greene

Wyoming Retirement System, et al., Amicus Curiae, represented by Erik S. Jaffe

 
Last updated: February 16, 2016