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Facebook, Inc. v. Amalgamated Bank: Difference between revisions

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{{DISPLAYTITLE: ''{{PAGENAME}}''}}
{{DISPLAYTITLE: ''{{PAGENAME}}''}}
{{SCOTUS Menu}}
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{{SCOTUS Infobox 3
{{SCOTUS Infobox 4
|Name = ''Facebook, Inc. v. Amalgamated Bank''
|Name = ''Facebook, Inc. v. Amalgamated Bank''
|Docket = 23-980
|Docket = 23-980
|Term = 2024
|Term = 2024
|Court = [[United States Supreme Court]]
|Court = [[United States Supreme Court]]
|Important dates = {{Greener| start=11/6/2024 10:00am CST| before=Argument:| after=Argued:}} November 6, 2024
|Important dates = {{Greener| start=11/6/2024 10:00am CST| before=Argument:| after=Argued:}} November 6, 2024<BR>Decided: November 22, 2024
|Outcome = Pending
|Outcome = {{dismissed}} as improvidently granted
|Vote =
|Vote =N/A
|Majority =
|Majority =''[[Per curiam]]''
|Concurring =
|Concurring =
|Dissenting=
|Dissenting=
|Court membership = [[John Roberts (Supreme Court)|Chief Justice John Roberts]] • [[Clarence Thomas (Supreme Court)|Clarence Thomas]] • [[Samuel Alito]] • [[Sonia Sotomayor]] • [[Elena Kagan]] • [[Neil Gorsuch]] • [[Brett Kavanaugh]] • [[Amy Coney Barrett]] • [[Ketanji Brown Jackson]]
|Court membership = [[John Roberts (Supreme Court)|Chief Justice John Roberts]] • [[Clarence Thomas (Supreme Court)|Clarence Thomas]] • [[Samuel Alito]] • [[Sonia Sotomayor]] • [[Elena Kagan]] • [[Neil Gorsuch]] • [[Brett Kavanaugh]] • [[Amy Coney Barrett]] • [[Ketanji Brown Jackson]]
}}
}}
'''''Facebook, Inc. v. Amalgamated Bank''''' is a case {{Greener| start=1/6/2024 10:00am CST| before=scheduled for argument| after=argued}} before the [[Supreme Court of the United States]] on November 6, 2024, during the court's [[Supreme Court cases, October term 2024-2025|October 2024-2025 term]].  
'''''Facebook, Inc. v. Amalgamated Bank''''' is a case that was decided by the [[Supreme Court of the United States]] on November 22, 2024, during the court's [[Supreme Court cases, October term 2024-2025|October 2024-2025 term]]. The case was {{Greener| start=1/6/2024 10:00am CST| before=scheduled for argument| after=argued}} on November 6, 2024.
 
In a ''[[per curiam]]'' ruling, the Court {{dismissed}} the case as improvidently granted.<ref name=ope>[https://www.supremecourt.gov/opinions/24pdf/23-980_4f14.pdf U.S. Supreme Court, ''Facebook, Inc. v. Amalgamated Bank'', decided November 22, 2024]</ref> A ''per curiam'' decision is issued collectively by the court. The authorship is not indicated.  


{{TLDRbox
{{TLDRbox
| '''[[#Background|The issue]]:''' The case {{Greener| start=6/30/2025| before=concerns| after=concerned}} a class action lawsuit alleging securities fraud on the part of Facebook, and corporate risk disclosures to shareholders. [[#Background|Click here]] to learn more about the case's background.
| '''[[#Background|The issue]]:''' The case {{Greener| start=6/30/2025| before=concerns| after=concerned}} a class action lawsuit alleging securities fraud on the part of Facebook, and corporate risk disclosures to shareholders. [[#Background|Click here]] to learn more about the case's background.
| '''[[#Questions presented|The questions presented]]:''' "Are risk disclosures false or misleading when they do not disclose that a risk has materialized in the past, even if that past event presents no known risk of ongoing or future business harm?"<ref name=qp>[https://www.supremecourt.gov/docket/docketfiles/html/qp/23-00980qp.pdf ''U.S. Supreme Court'', "23-980 FACEBOOK, INC. V. AMALGAMATED BANK," June 10, 2024]</ref>
| '''[[#Questions presented|The questions presented]]:''' "Are risk disclosures false or misleading when they do not disclose that a risk has materialized in the past, even if that past event presents no known risk of ongoing or future business harm?"<ref name=qp>[https://www.supremecourt.gov/docket/docketfiles/html/qp/23-00980qp.pdf ''U.S. Supreme Court'', "23-980 FACEBOOK, INC. V. AMALGAMATED BANK," June 10, 2024]</ref>
| '''[[#Outcome|The outcome]]:''' The appeal is pending adjudication before the U.S. Supreme Court.
| '''[[#Outcome|The outcome]]:''' The U.S. Supreme Court {{dismissed}} as improvidently granted.
}}
}}


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==Background==
==Background==
===Case summary===
===Case summary===
The following are the parties to this case:<ref>[https://www.supremecourt.gov/docket/docketfiles/html/public/23-980.html ''Supreme Court of the United States'', ""No. 23-980,""accessed August 13, 2024]</ref>
The following are the parties to this case:<ref>[https://www.supremecourt.gov/docket/docketfiles/html/public/23-980.html ''Supreme Court of the United States'', "No. 23-980," accessed August 13, 2024]</ref>
*'''Petitioner''': Facebook, Inc., et al.
*'''Petitioner''': Facebook, Inc., et al.
**''Legal counsel'': Kannon K. Shanmugam (Paul, Weiss, Rifkind, Wharton & Garrison LLP), Joshua Seth Lipshutz (Gibson, Dunn & Crutcher LLP)
**''Legal counsel'': Kannon K. Shanmugam (Paul, Weiss, Rifkind, Wharton & Garrison LLP), Joshua Seth Lipshutz (Gibson, Dunn & Crutcher LLP)
*'''Respondent''': Amalgamated Bank, et al.
*'''Respondent''': Amalgamated Bank, et al.
**''Legal counsel'': Kevin K. Russell (Goldstein, Russell & Woofter LLC)
**''Legal counsel'': Kevin K. Russell (Goldstein, Russell & Woofter LLC)
The following summary of the case was published by [https://www.scotusblog.com/ SCOTUSblog]:<ref name=SB>[https://www.scotusblog.com/2024/06/justices-to-review-meta-investors-data-harvesting-suit-and-medicare-payments-calculation/''SCOTUSblog'', ""Justices to review Meta investors’ data-harvesting suit and Medicare payments calculation,"" accessed August 13, 2024]</ref>
 
{{quote|
The following summary of the case was published by [https://www.scotusblog.com/ ''SCOTUSblog'']:<ref name=SB>[https://www.scotusblog.com/2024/06/justices-to-review-meta-investors-data-harvesting-suit-and-medicare-payments-calculation/ ''SCOTUSblog'', "Justices to review Meta investors’ data-harvesting suit and Medicare payments calculation," June 10, 2024]</ref>
The justices granted review in Facebook v. Amalgamated Bank, a case in which shareholders of the company then known as Facebook allege that the company defrauded them when it filed a form with the Securities and Exchange Commission indicating that the misuse of its users’ personal data by third parties was a hypothetical risk that could have a negative effect on the company if it actually happened. In reality, the shareholders contend, the British political consulting company Cambridge Analytica had already misused Facebook users’ personal data when Facebook filed the form. The U.S. Court of Appeals for the 9th Circuit allowed the lawsuit to go forward, prompting Facebook to go to the Supreme Court.}}
{{quote|The justices granted review in Facebook v. Amalgamated Bank, a case in which shareholders of the company then known as Facebook allege that the company defrauded them when it filed a form with the Securities and Exchange Commission indicating that the misuse of its users’ personal data by third parties was a hypothetical risk that could have a negative effect on the company if it actually happened. In reality, the shareholders contend, the British political consulting company Cambridge Analytica had already misused Facebook users’ personal data when Facebook filed the form. The U.S. Court of Appeals for the 9th Circuit allowed the lawsuit to go forward, prompting Facebook to go to the Supreme Court.}}
 
To learn more about this case, see the following:
To learn more about this case, see the following:
*[https://www.supremecourt.gov/docket/docketfiles/html/public/23-980.html Supreme Court of the United States]
*[https://www.supremecourt.gov/docket/docketfiles/html/public/23-980.html Supreme Court of the United States]
*[https://www.scotusblog.com/case-files/cases/facebook-inc-v-amalgamated-bank/ SCOTUSblog]
*[https://www.scotusblog.com/case-files/cases/facebook-inc-v-amalgamated-bank/ ''SCOTUSblog'']


===Timeline===
===Timeline===
The following timeline details key events in this case:
The following timeline details key events in this case:


*'''November 22, 2024''': The U.S. Supreme Court {{dismissed}} as improvidently granted.
*'''November 6, 2024''': The U.S. Supreme Court {{Greener| start=11/6/2024 10:00am CST| before=will hear| after=heard}} oral argument.
*'''November 6, 2024''': The U.S. Supreme Court {{Greener| start=11/6/2024 10:00am CST| before=will hear| after=heard}} oral argument.
*'''June 10, 2024:''' The U.S. Supreme Court agreed to hear the case.
*'''June 10, 2024:''' The U.S. Supreme Court agreed to hear the case.
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==Outcome==
==Outcome==
The case is pending adjudication before the U.S. Supreme Court.
In a ''[[per curiam]]'' ruling, the Court {{dismissed}} the case as improvidently granted.<ref name=ope/> A ''per curiam'' decision is issued collectively by the court. The authorship is not indicated. [[Per curiam|Click here]] for more information.
 
 
===Text of the opinion===
Read the full opinion [https://www.supremecourt.gov/opinions/24pdf/23-980_4f14.pdf here].
 
<pdf width="500" height="500">File: 23-980_4f14.pdf</pdf>


==October term 2024-2025==
==October term 2024-2025==
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[[Category:United States Supreme Court]]
[[Category:United States Supreme Court]]
[[Category:SCOTUS OT 2024]]
[[Category:SCOTUS OT 2024]]
[[Category:Pending SCOTUS cases]]
[[Category:Decided SCOTUS cases]]
[[Category: SCOTUS per curiam opinions]]

Latest revision as of 17:41, 27 November 2024


Supreme Court of the United States
Facebook, Inc. v. Amalgamated Bank
Term: 2024
Important Dates
Argued: November 6, 2024
Decided: November 22, 2024
Outcome
dismissed as improvidently granted
Vote
N/A
Majority
Per curiam

Facebook, Inc. v. Amalgamated Bank is a case that was decided by the Supreme Court of the United States on November 22, 2024, during the court's October 2024-2025 term. The case was argued on November 6, 2024.

In a per curiam ruling, the Court dismissed the case as improvidently granted.[1] A per curiam decision is issued collectively by the court. The authorship is not indicated.

HIGHLIGHTS
  • The issue: The case concerned a class action lawsuit alleging securities fraud on the part of Facebook, and corporate risk disclosures to shareholders. Click here to learn more about the case's background.
  • The questions presented: "Are risk disclosures false or misleading when they do not disclose that a risk has materialized in the past, even if that past event presents no known risk of ongoing or future business harm?"[2]
  • The outcome: The U.S. Supreme Court dismissed as improvidently granted.

  • The case came on a writ of certiorari to the United States Court of Appeals for the Ninth Circuit. To review the lower court's opinion, click here.

    Background

    Case summary

    The following are the parties to this case:[3]

    • Petitioner: Facebook, Inc., et al.
      • Legal counsel: Kannon K. Shanmugam (Paul, Weiss, Rifkind, Wharton & Garrison LLP), Joshua Seth Lipshutz (Gibson, Dunn & Crutcher LLP)
    • Respondent: Amalgamated Bank, et al.
      • Legal counsel: Kevin K. Russell (Goldstein, Russell & Woofter LLC)

    The following summary of the case was published by SCOTUSblog:[4]

    The justices granted review in Facebook v. Amalgamated Bank, a case in which shareholders of the company then known as Facebook allege that the company defrauded them when it filed a form with the Securities and Exchange Commission indicating that the misuse of its users’ personal data by third parties was a hypothetical risk that could have a negative effect on the company if it actually happened. In reality, the shareholders contend, the British political consulting company Cambridge Analytica had already misused Facebook users’ personal data when Facebook filed the form. The U.S. Court of Appeals for the 9th Circuit allowed the lawsuit to go forward, prompting Facebook to go to the Supreme Court.[5]

    To learn more about this case, see the following:

    Timeline

    The following timeline details key events in this case:

    • November 22, 2024: The U.S. Supreme Court dismissed as improvidently granted.
    • November 6, 2024: The U.S. Supreme Court heard oral argument.
    • June 10, 2024: The U.S. Supreme Court agreed to hear the case.
    • March 4, 2024: Facebook, Inc., et al. appealed to the U.S. Supreme Court.
    • October 18, 2023: The United States Court of Appeals for the Ninth Circuit reversed the United States District Court for the Northern District of California's dismissal of the case based on risk and user statements, and affirmed the district court's dismissal based on the Cambridge Analytica investigation statements. The court also denied Facebook, Inc.'s requests for a panel rehearing and a rehearing en banc.[6]

    Questions presented

    The petitioner presented the following questions to the court:[2]

    Questions presented:
    Are risk disclosures false or misleading when they do not disclose that a risk has materialized in the past, even if that past event presents no known risk of ongoing or future business harm?[5]

    Oral argument

    Audio

    Audio of oral argument:[7]




    Transcript

    Transcript of oral argument:[8]

    Outcome

    In a per curiam ruling, the Court dismissed the case as improvidently granted.[1] A per curiam decision is issued collectively by the court. The authorship is not indicated. Click here for more information.


    Text of the opinion

    Read the full opinion here.

    October term 2024-2025

    See also: Supreme Court cases, October term 2024-2025

    The Supreme Court began hearing cases for the term on October 7, 2024. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[9]


    See also

    External links

    Footnotes