|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-352||8th Cir.||Dec 2, 2014||Mar 24, 2015||7-2||Alito||OT 2014|
Holding: So long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the Trademark Trial and Appeal Board are materially the same as those before a district court, issue preclusion should apply.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Alito on March 24, 2015. Justice Ginsburg filed a concurring opinion. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined.
|Date||Proceedings and Orders |
|Sep 18 2013||Petition for a writ of certiorari filed. (Response due October 21, 2013)|
|Oct 3 2013||Order extending time to file response to petition to and including November 20, 2013.|
|Nov 20 2013||Brief of respondents Hargis Industries, Inc., dba Sealtite Building Fasteners, dba East Texas Fasteners, et al. in opposition filed.|
|Dec 4 2013||DISTRIBUTED for Conference of January 10, 2014.|
|Dec 5 2013||Reply of petitioner B&B Hardware, Inc. filed. (Distributed)|
|Jan 13 2014||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|May 23 2014||Brief amicus curiae of United States filed.|
|Jun 9 2014||Supplemental brief of respondents Hargis Industries, Inc., dba Sealtite Building Fasteners, dba East Texas Fasteners, et al. filed.|
|Jun 10 2014||DISTRIBUTED for Conference of June 26, 2014.|
|Jun 30 2014||DISTRIBUTED for Conference of June 30, 2014.|
|Jul 1 2014||Petition GRANTED.|
|Jul 22 2014||The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2014.|
|Jul 22 2014||The time to file respondents' brief on the merits is extended to and including October 24, 2014.|
|Aug 15 2014||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.|
|Sep 3 2014||Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.|
|Sep 4 2014||SET FOR ARGUMENT on Tuesday, December 2, 2014.|
|Sep 4 2014||Joint appendix filed. (Statement of costs filed)|
|Sep 4 2014||Brief of petitioner B&B Hardware, Inc. filed.|
|Sep 10 2014||Brief amicus curiae of Intellectual Property Law Association of Chicago in support of neither party filed.|
|Sep 11 2014||Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.|
|Sep 11 2014||Brief amicus curiae of the United States filed.|
|Sep 11 2014||Brief amicus curiae of International Trademark Association in support of neither party filed.|
|Sep 22 2014||Record requested from U.S.C.A. 8th Circuit.|
|Oct 2 2014||Record received from U.S.C.A. 8th Circuit. 1-Box|
|Oct 24 2014||Brief of respondent Hargis Industries, Inc., dba Sealtite Building Fasteners, dba East Texas Fasteners, et al. filed.|
|Oct 31 2014||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Oct 31 2014||Brief amicus curiae of New York Intellectual Property Law Association filed.|
|Oct 31 2014||Brief amicus curiae of The Intellectual Property Law Section of the State Bar of Texas filed.|
|Nov 7 2014||CIRCULATED.|
|Nov 17 2014||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Nov 24 2014||Reply of petitioner B&B Hardware, Inc. filed. (Distributed)|
|Dec 2 2014||Argued. For petitioner: William M. Jay, Washington, D. C.; and John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Neal K. Katyal, Washington, D. C.|
|Dec 4 2014||Record received from U.S. Patent and Trademark Office. This record is electronic.|
|Dec 10 2014||Record received from U.S.D.C. Eastern District of Arkansas Western Division. This record is SEALED. (1 Envelope)|
|Mar 24 2015||Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Ginsburg, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined.|
|Apr 27 2015||JUDGMENT ISSUED|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050