No. 18-1165
 
Title: Retirement Plans Committee of IBM, et al., Petitioners
v.
Larry W. Jander, et al.
Docketed: March 8, 2019
Lower Ct: United States Court of Appeals for the Second Circuit
   Case Numbers: (17-3518)
   Decision Date: December 10, 2018
   Rehearing Denied: January 18, 2019
Questions Presented
 
Proceedings and Orders
Mar 04 2019 Petition for a writ of certiorari filed. (Response due April 8, 2019)
Petition Certificate of Word Count Proof of Service
Apr 01 2019 Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk.
Main Document
Apr 04 2019 Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2019.
Apr 08 2019 Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Main Document Certificate of Word Count Proof of Service
Apr 18 2019 Brief of respondents Larry Jander, et al. in opposition filed.
Main Document Certificate of Word Count Proof of Service
May 06 2019 Reply of petitioners Retirement Plans Committee of IBM, et al. filed.
Main Document Certificate of Word Count Proof of Service
May 07 2019 DISTRIBUTED for Conference of 5/23/2019.
May 28 2019 DISTRIBUTED for Conference of 5/30/2019.
Jun 03 2019 Petition GRANTED.
Jul 01 2019 Joint motion for an extension of time to file the briefs on the merits filed.
Main Document
Jul 08 2019 SET FOR ARGUMENT on Wednesday, November 6, 2019.
Jul 11 2019 Blanket Consent filed by Petitioners, Retirement Plans Committee of IBM, et al.
Blanket Consent
Jul 16 2019 Joint motion for an extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 6, 2019. The time to file respondents' brief on the merits is extended to and including September 24, 2019.
Aug 06 2019 Brief of petitioners Retirement Plans Committee of IBM, et al. filed.
Main Document Certificate of Word Count Proof of Service
Aug 06 2019 Joint appendix filed.
Main Document
Aug 13 2019 Brief amicus curiae of the United States in support of neither party filed.
Main Document Proof of Service
Aug 13 2019 Brief amici curiae of The Securities Industry and Financial Markets Association, The Chamber of Commerce of the United States of America, and The Business Roundtable filed.
Main Document Certificate of Word Count Proof of Service
Aug 13 2019 Brief amicus curiae of DRI—The Voice of the Defense Bar filed.
Main Document Certificate of Word Count Proof of Service
Aug 13 2019 Brief amici curiae of American Benefits Council and ERISA Industry Committee filed.
Main Document Proof of Service Certificate of Word Count
Sep 03 2019 CIRCULATED
Sep 16 2019 Record requested from the U.S.C.A. 2nd Circuit.
Sep 16 2019 Record received from the U.S.C.A. 2nd Circuit it electronic.
Sep 24 2019 Brief of respondents Larry W. Jander, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Sep 27 2019 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Proof of Service Main Document
Oct 01 2019 Brief amici curiae of American Association for Justice and Public Justice filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 01 2019 Brief amicus curiae of Occupy the SEC filed. (Distributed)
Certificate of Word Count Proof of Service Main Document
Oct 01 2019 Brief amici curiae of Law Professors filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 15 2019 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 24 2019 Reply of petitioners Retirement Plans Committee of IBM, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Nov 06 2019 Argued. For petitioners: Paul D. Clement, Washington, D. C. For United States, as amicus curiae: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Samuel Bonderoff, New York, N. Y.
Jan 14 2020 Judgment VACATED and case REMANDED. Kagan, J., filed a concurring opinion, in which Ginsburg, J., joined. Gorsuch, J., filed a concurring opinion. Opinion per curiam.
Feb 18 2020 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Paul D. Clement
Counsel of Record
Kirkland & Ellis LLP
1301 Pennsylvania Avenue, NW
Washington, DC 20004

paul.clement@kirkland.com
Ph: 2023895000
Party name: Retirement Plans Committee of IBM, et al.


Attorneys for Respondents
Samuel Ethan Bonderoff
Counsel of Record
Zamansky, LLC
50 Broadway, 32nd Floor
New York, NY 10004

samuel@zamansky.com
Ph: 2127421414
Party name: Larry W. Jander, et al.


Other Attorneys
Noel John Francisco
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS!USDOJ.GOV
Ph: 202-514-2217
Party name: United States


Russell Laurence Hirschhorn
Counsel of Record
Proskauer Rose LLP
Eleven Times Square
New York, NY 10036

rhirschhorn@proskauer.com
Ph: 212-969-3000
Party name: Chamber of Commerce of the United States of America, American Benefits Council, and ERISA Industry Committee


Brian David Netter
Counsel of Record
Mayer Brown LLP
1999 K St. NW
Washington, DC 20006

bnetter@mayerbrown.com
Ph: 2022633339
Party name: The Securities Industry and Financial Markets Association, The Chamber of Commerce of the United States of America, and The Business Roundtable


Todd M. Schneider
Counsel of Record
Schneider Wallace Cottrell Konecky Wotkyns LLP
2000 Powell Street
Suite 1400
Emeryville, CA 94608

tschneider@schneiderwallace.com
Ph: 4154217100
Party name: Law Professors


Scott Burnett Smith
Counsel of Record
Bradley Arant Boult Cummings, LLP
200 Clinton Avenue West, Suite 900
Huntsville, AL 35801

ssmith@bradley.com
Ph: 256-517-5100
Party name: DRI—THE VOICE OF THE DEFENSE BAR


Akshat Tewary
Counsel of Record
Law Offices of Kamlesh Tewary, P.C.
1974 Route 27
Edison, NJ 08817

info@tewary.com
Ph: 7322870080
Party name: Occupy the SEC


Matthew W.H. Wessler
Counsel of Record
Gupta Wessler PLLC
1900 L Street, NW
Suite 312
Washington, DC 20036

matt@guptawessler.com
Ph: 2028881741
Party name: American Association for Justice and Public Justice