No. 21-552

Edward D. Jones & Co., L.P., et al. v. Edward Anderson, et al.

Lower Court: Ninth Circuit
Docketed: 2021-10-15
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: chadbourne-v-troice circuit-split covered-securities in-connection-with merrill-lynch-v-dabit securities-exchange-act securities-litigation slusa statutory-interpretation uniform-standards-act
Key Terms:
Securities ClassAction JusticiabilityDoctri
Latest Conference: 2022-01-14
Question Presented (AI Summary)

Whether the Ninth Circuit erred in concluding that Troice narrowed Dabit's interpretation of SLUSA's 'in connection with' prong to require that the alleged deception induce a specific transaction in a particular covered security

Question Presented (OCR Extract)

QUESTION PRESENTED The Securities Litigation Uniform Standards Act (“SLUSA”) precludes class actions bringing state-law claims alleging deception “in connection with the purchase or sale of a covered security” (e.g., a federally regulated mutual fund or exchange-listed stock). This Court held in Merrill Lynch, Pierce, Fenner & Smith v. Dabit that SLUSA’s “in connection with” requirement is met when the alleged deception “coincide[s]” with a transaction in a covered security — the same meaning given identical language in the Securities Exchange Act. This Court reaffirmed Dabit’s “coincide” standard in Chadbourne & Parke v. Troice, which addressed claims by plaintiffs who were induced to purchase uncovered securities; this Court held SLUSA did not preclude such claims because the alleged misrepresentations lacked a material connection to the purchase of a covered security. The Courts of Appeals have split as to whether Troice narrowed Dabit’s interpretation of SLUSA’s “in connection with” language to require, even in a case like this one that undisputedly involves covered securities, a direct causal relationship between the alleged deception and an investment decision by someone other than the alleged wrongdoer. The question presented is: Whether the Ninth Circuit, in conflict with other Courts of Appeals, erred in concluding that Troice narrowed Dabit’s interpretation of SLUSA’s “in connection with” prong to require that the alleged deception induce a specific transaction in a particular covered security.

Docket Entries

2022-01-18
Petition DENIED.
2021-12-29
DISTRIBUTED for Conference of 1/14/2022.
2021-12-29
Reply of petitioners Edward D. Jones & Co., L.P., et al. filed. (Distributed)
2021-12-15
Brief of respondents Edward Anderson, et al. in opposition filed.
2021-11-15
Brief amici curiae of Securities Industry and Financial Markets Association, et al., filed.
2021-10-29
Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2021.
2021-10-28
Motion to extend the time to file a response from November 15, 2021 to December 15, 2021, submitted to The Clerk.
2021-10-12
Petition for a writ of certiorari filed. (Response due November 15, 2021)

Attorneys

Edward Anderson, et al.
Robert S. PeckCenter for Constitutional Litigation, PC, Respondent
Robert S. PeckCenter for Constitutional Litigation, PC, Respondent
Michael Davitt MurphyFranklin D. Azar & Associates, P.C., Respondent
Michael Davitt MurphyFranklin D. Azar & Associates, P.C., Respondent
Edward D. Jones & Co., L.P., et al.
James Forrest BennettDowd Bennett LLP, Petitioner
James Forrest BennettDowd Bennett LLP, Petitioner
The Securities Industry and Financial Markets Association, the Chamber of Commerce, and the Financial Services institute
Joseph Russell PalmoreMorrison & Foerster LLP, Amicus
Joseph Russell PalmoreMorrison & Foerster LLP, Amicus