Post-recess, Court strikes respondent brief and denies certiorari in two cases

By Rodney F. Tonkovic, J.D.The Supreme Court has returned from its holiday recess with a lengthy order list that affects a trio of securities-related petitions. In a pending case, the Court granted the petitioners motion to strike the respondents’ supplemental brief. Also, certiorari was denied in two cases.Motion to strike. In Cyan, Inc. v. Beaver County Employees Retirement Fund (15-1439), the Court granted the petitioner's motion to strike a supplemental brief filed by the respondents. The supplemental brief responded to several arguments made in the petitioners' reply brief. The short brief took issue with the petitioners' assertions that there has been a "dramatic" increase in class action filings in California under the Securities Act and that no such class actions had been filed in any state court until the passage of the PSLRA. The brief also stated that the petitioners' suggestion that they did not seek to remove this case from state…

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