Supreme Court Docket Report - October Term, 2005—No. 8

Originally published January 6, 2006

Recently, the Supreme Court granted certiorari in two cases of interest to the business community. Amicus briefs in support of the petitioners will be due on February 21, 2006, and amicus briefs in support of the respondents will be due on March 28, 2006.

1. Securities Litigation Uniform Standards Act (SLUSA)—Appellate review of remand orders.

SLUSA, the Securities Litigation Uniform Standards Act of 1998, expressly pre-empts certain "covered class actions"—those brought on behalf of more than fifty investors—that allege state or common-law claims related to injuries from fraud in connection with the purchase or sale of securities. 15 U.S.C. § 77p(b). In addition to precluding such "covered class actions," SLUSA also specifies that "[a]ny covered class action brought in any State court involving a covered security * * * shall be removable" to federal court so that the federal court may determine whether the suit is barred by SLUSA. Id. §