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ARTICLE · 23 JANUARY 2013

Supreme Court Docket Report - January 22, 2013

Mayer Brown
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The Securities Litigation Uniform Standards Act ("SLUSA") precludes the filing in either state or federal court of most class actions under state law that allege "a misrepresentation or omission of a material fact in connection with the purchase or sale of" securities covered by the statute. 15 U.S.C. § 78bb(f)(1)(A).

United StatesLitigation, Mediation & Arbitration
Richard Katskee
Richard Katskee
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Last Friday, the Supreme Court granted certiorari in two cases of interest to the business community:

  • Securities Litigation Uniform Standards Act—Misrepresentations "in Connection with" Securities Transactions
  • Title VII—Retaliation—Mixed-Motive Claims

Securities Litigation Uniform Standards Act—Misrepresentations "in Connection with" Securities Transactions

The Securities Litigation Uniform Standards Act ("SLUSA") precludes the filing in either state or federal court of most class actions under state law that allege "a misrepresentation or omission of a material fact in connection with the purchase or sale of" securities covered by the statute. 15 U.S.C. § 78bb(f)(1)(A). On Friday, the Supreme Court granted certiorari in three consolidated cases—Chadbourne & Parke LLP, No. 12-79, Willis of Colorado v. Troice, No. 12-86, and Proskauer Rose LLP v. Troice, No. 12-88—to clarify the standard for determining whether a misrepresentation qualifies as "in

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