Supreme Court Declines to Reopen UBS Retaliation Case Revival Fight

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A New Appeal Shut Down

Murray’s latest petition contended that the high court never addressed the statutory meaning of “contributing factor” during its 2024 review, and he argued that the Second Circuit’s interpretation conflicts with other circuits and with positions taken by the U.S. Department of Labor.

UBS countered that lower courts should be free to sort out trial-level questions—such as jury instruction standards—before the Supreme Court intervenes again.

The justices agreed, declining to take up the case.

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Counsel

Murray is represented by:

  • Robert L. Herbst and Benjamin J. Ashmore Sr., Herbst Law PLLC

  • Scott A. Korenbaum, Scott A. Korenbaum Esq.

  • Robert B. Stulberg and Patrick J. Walsh, Stulberg & Walsh LLP

  • Easha Anand and Pamela S. Karlan, Stanford Law School Supreme Court Litigation Clinic

UBS is represented by:

  • Eugene Scalia, Thomas G. Hungar, Andrew G.I. Kilberg, Aaron Smith, Andrew Y. Ebrahem, Gibson Dunn & Crutcher LLP