From Casetext: Smarter Legal Research

California Public Employees' Retirement Sys. v. Felzen

U.S.
Jan 20, 1999
525 U.S. 315 (1999)

Summary

overruling the portion of Armstrong allowing a nonparty to appeal from a decision in a class action

Summary of this case from Soileau v. Churchill Downs La. Horseracing Co.

Opinion

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

No. 97-1732

Argued January 11, 1999 Decided January 20, 1999

134 F.3d 873, affirmed by an equally divided Court.

Michael K. Kellogg argued the cause for petitioners. With him on the briefs were Mark C. Hansen, Neil M. Gorsuch, and Sean A. Lev.

David C. Frederick argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Solicitor General Waxman, Deputy Solicitor General Kneedler, Harvey J. Goldschmid, David M. Becker, Paul Gonson, Jacob H. Stillman, and Eric Summergrad.

John G. Kester argued the cause for respondents and filed a brief for respondent Archer Daniels Midland Co. With him on the brief was George A. Borden. Thom W. Moss filed a brief for respondent Directors of Archer Daniels Midland Co. Terry Rose Saunders, Robert M. Roseman, and Henry P. Monaghan filed a brief for respondent Paul Felzen et al.

Briefs of amici curiae urging reversal were filed for Barclays Global Investors, N. A., et al. by Andrew N. Vollmer, Andrew B. Weissman, and Joseph A. Grundfest; for the Council of Institutional Investors by Carter G. Phillips, Bradford A. Berenson, and David W. Jones; and for Public Citizen, Inc., et al. by Leslie Brueckner, Brian Wolfman, and Alan B. Morrison.
Daniel J. Popeo filed a brief for the Washington Legal Foundation as amicus curiae urging affirmance.
Leonard N. Sosnov filed a brief for Lawrence A. Hamermesh et al. as amici curiae.


The judgment is affirmed by an equally divided Court.

JUSTICE O'CONNOR took no part in the consideration or decision of this case.


Summaries of

California Public Employees' Retirement Sys. v. Felzen

U.S.
Jan 20, 1999
525 U.S. 315 (1999)

overruling the portion of Armstrong allowing a nonparty to appeal from a decision in a class action

Summary of this case from Soileau v. Churchill Downs La. Horseracing Co.
Case details for

California Public Employees' Retirement Sys. v. Felzen

Case Details

Full title:CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM ET AL. v . FELZEN ET AL

Court:U.S.

Date published: Jan 20, 1999

Citations

525 U.S. 315 (1999)

Citing Cases

Vollmer v. Publishers Clearing House

See Felzen v. Andreas, 134 F.3d 873, 876 (7th Cir. 1998), aff'd. by an equally divided court, California Pub.…

Scardelletti v. Debarr

Some courts require successful intervention before a non-named class member may challenge the merits of a…