The petition of the day is:

16-936

Issues: (1) Whether a district court’s refusal to permit the petitioner to amend the proposed pretrial order to assert a profits claim – thereby restoring the petitioner’s right to a jury trial in the wake of the respondent’s eleventh-hour withdrawal of its consent to a jury trial on all other claims – is reviewed for abuse of discretion or under the more exacting standard typically applied to orders that effectively deny the right to a jury trial; and (2) whether, under the logic of Dairy Queen, Inc. v. Wood – and as several lower courts have held, in conflict with several others – claims seeking a trademark infringer’s profits are legal in nature and thus give rise to a Seventh Amendment right to a jury trial.

Posted in Clyde Armory Inc. v. FN Herstal SA, Cases in the Pipeline

Recommended Citation: Kate Howard, Petition of the day, SCOTUSblog (Mar. 27, 2017, 11:23 PM), http://www.scotusblog.com/2017/03/petition-of-the-day-1129/