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Murray v. UBS Securities, LLC

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Docket No. Op. Below Argument Opinion Vote Author Term
22-660 2nd Cir. Oct 10, 2023
 TBD TBD TBD OT 2023

Issue: Whether, following the burden-shifting framework that governs cases under the Sarbanes-Oxley Act of 2002, a whistleblower must prove his employer acted with a “retaliatory intent” as part of his case in chief, or whether the lack of “retaliatory intent” is part of the affirmative defense on which the employer bears the burden of proof.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 11 2022Application (22A438) to extend the time to file a petition for a writ of certiorari from December 14, 2022 to January 13, 2023, submitted to Justice Sotomayor.
Nov 16 2022Application (22A438) granted by Justice Sotomayor extending the time to file until January 13, 2023.
Jan 13 2023Petition for a writ of certiorari filed. (Response due February 17, 2023)
Feb 03 2023Motion to extend the time to file a response from February 17, 2023 to March 20, 2023, submitted to The Clerk.
Feb 06 2023Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2023.
Feb 17 2023Brief amicus curiae of Public Citizen filed.
Feb 17 2023Brief amici curiae of U.S. Senator Charles E. Grassley, et al. filed. (April 13, 2023) (Distributed)
Mar 20 2023Brief of respondents UBS Securities, LLC, et al. in opposition filed.
Apr 05 2023DISTRIBUTED for Conference of 4/21/2023.
Apr 05 2023Reply of petitioner Trevor Murray filed. (Distributed)
Apr 24 2023DISTRIBUTED for Conference of 4/28/2023.
May 01 2023Petition GRANTED.
May 05 2023Motion for an extension of time for the filing of the briefs on the merits filed.
May 17 2023Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 27, 2023. The time to file respondents' brief on the merits is extended to and including August 8, 2023.
Jun 27 2023Brief of Trevor Murray not accepted for filing. (To be corrected and reprinted)
Jun 27 2023Brief of petitioner Trevor Murray filed. (Docketed July 13, 2023)
Jun 27 2023Joint appendix filed.
Jun 30 2023Brief amicus curiae of National Whistleblower Center filed.
Jun 30 2023Amicus brief of Senator Chalres Grassley & Senator Ron Wyden not accepted for filing. (July 05, 2023 - Duplicate submission)
Jun 30 2023Brief amici curiae of Senator Chalres Grassley & Senator Ron Wyden filed.
Jul 05 2023Brief amicus curiae of United States filed.
Jul 05 2023Brief amici curiae of The Anti-Fraud Coalition, et al. filed.
Jul 05 2023Brief amicus curiae of Public Citizen filed.
Jul 05 2023Brief amicus curiae of Academy of Rail Labor Attorneys filed.
Jul 14 2023SET FOR ARGUMENT on Tuesday, October 10, 2023.
Jul 17 2023Record requested from the United States Court of Appeals for the Second Circuit.
Jul 21 2023Sealed material from the USDC, S. Dist., NY available with the Clerk.
Jul 27 2023CIRCULATED
Jul 27 2023Record from the United States Court of Appeals for the Second Circuit electronically received and available with the Clerk.
Aug 08 2023Brief of respondents UBS Securities, LLC, et al. filed. (Distributed)
Aug 11 2023Brief amicus curiae of The Society for Human Resource Management filed. (Distributed)
Aug 14 2023Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Aug 15 2023Brief amicus curiae of Securities Industry and Financial Markets Association filed. (Distributed)
Aug 15 2023Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Aug 15 2023Brief amicus curiae of Airlines for America filed. (Distributed)
Aug 15 2023Brief amicus curiae of American Association of Railroads filed. (Distributed)
Aug 15 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.