Federal Judiciary

Today’s Orders | 3.9.09

By Akin Gump Supreme Court Practice Group

The Court has granted certiorari in one case, Jones, et al., v. Harris Associates (08-586). The Court has invited the views of the Solicitor General in American Bankers Association v. Brown (08-730). Justice Breyer filed a dissent from the denial of certiorari in Thompson v. McNeil, while Justice Thomas concurred in the denial (08- 7369). Finally, Justice Stevens submitted a statement respecting the denial of certiorari (links direct to PDFs). The full orders list is available here. The filings for Jones are below.

Issue: Whether the Seventh Circuit contravened the Investment Company Act in holding that a shareholder?s claim that the fund?s investment adviser charged an excessive fee is not cognizable under Section 36(b), unless the shareholder can show that the adviser misled the fund?s directors who approved the fee.

• Opinion below (7th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply
• Brief amicus curiae of AARP and Consumer Federation of America (in support of petitioner)
• Brief amicus curiae of Law Professors (in support of petitioner)

Full post as published by SCOTUSBLOG on March 09, 2009 (boomark / email).