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Decided

Jones v. Harris Associates

Docket No.08-586
Op. Below7th Circuit
ArgumentFeb 11, 2009

Holding

Investment advisors cannot charge mutual fund shareholders fees that are so disproportionately large? that they are clearly out of proportion to the services rendered, even when the mutual fund shareholders are not misled about these fees.

Judgment

Vacated and remanded, 9-0, in an opinion by Samuel Alito on Mar 30, 2010. Justice Thomas filed a concurring opinion.

Proceedings & orders timeline

Nov 3, 2008
Petition for a writ of certiorari filed. (Response due December 3, 2008)
Nov 6, 2008
Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the petitioners.
Dec 2, 2008
Order extending time to file response to petition to and including January 5, 2009.
Dec 3, 2008
Brief amici curiae of Law Professors filed.
Dec 3, 2008
Brief amici curiae of AARP, and Consumer Federation of America filed.
Dec 31, 2008
Order further extending time to file response to petition to and including February 2, 2009.
Feb 2, 2009
Brief of respondent Harris Associates L.P. in opposition filed.
Feb 18, 2009
DISTRIBUTED for Conference of March 6, 2009.
Feb 18, 2009
Reply of petitioners Jerry N. Jones, et al. filed. (Distributed)
Mar 9, 2009
Petition GRANTED.
Apr 21, 2009
The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including June 10, 2009.
May 6, 2009
The time within which to file respondent's brief on the merits is extended to and including August 27, 2009.
May 22, 2009
Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioners.
Jun 10, 2009
Joint appendix filed (two volumes). Statement of costs received.
Jun 10, 2009
Brief of petitioners Jerry N. Jones, Mary F. Jones, and Arline Winerman filed.
Jun 15, 2009
Brief amici curiae of Law Professors filed.
Jun 15, 2009
Brief amicus curiae of John C. Bogle filed.
Jun 15, 2009
Brief amici curiae of AARP, and Consumer Federation of America filed.
Jun 15, 2009
Brief amicus curiae of United States filed.
Jun 17, 2009
Brief amicus curiae of National Association of Shareholder and Consumer Attorneys filed.
Jun 17, 2009
Brief amicus curiae of North American Securities Administrators Association filed.
Jun 17, 2009
Brief amici curiae of Professor Deborah A. DeMott and Professor Mark L. Ascher filed.
Jun 17, 2009
Brief amici curiae of Robert Litan, Robert Mason, and Ian Ayres filed.
Aug 17, 2009
SET FOR ARGUMENT ON Monday, November 2, 2009.
Aug 17, 2009
CIRCULATED.
Aug 18, 2009
Record for the U.S.C.A. for 7th Circuit. (Entire record e-mailed in PDF format)
Aug 25, 2009
Record received from U.S.D.C. for the Northen District of Illinois. (1 box)
Aug 27, 2009
Brief amicus curiae of Securities Industry and Financial Markets Association filed. (Distributed)
Aug 27, 2009
Brief of respondent Harris Associates L.P. filed. (Distributed)
Aug 31, 2009
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 3, 2009
Brief amicus curiae of Independent Directors Council filed. (Distributed).
Sep 3, 2009
Brief amicus curiae of Investment Company Institute filed. (Distributed)
Sep 3, 2009
Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed).
Sep 3, 2009
Brief amici curiae of Law and Finance Professors and Scholars filed. (Distributed)
Sep 3, 2009
Brief amicus curiae of Fidelity Management & Research Company filed. (Distributed)
Sep 3, 2009
Brief amicus curiae of Mutual Fund Directors Forum filed. (Distributed)
Sep 3, 2009
Brief amicus curiae of Cato Institute filed. (Distributed)
Sep 22, 2009
Letter received from counsel for the respondent.
Sep 28, 2009
Reply of petitioner Jerry N. Jones, et al. filed. (Distributed)
Oct 5, 2009
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 2, 2009
Argued. For petitioners: David C. Frederick, Washington, D.C.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondent: John D. Donovan, Jr., Boston, Mass.
Mar 30, 2010
Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.
May 3, 2010
JUDGMENT ISSUED.
May 24, 2010
Record returned (1-box) to the United States District Court for the Northern District of Illinois.

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