|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-936||11th Cir.||N/A||N/A||N/A||N/A||OT 2016|
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.
|Date||Proceedings and Orders |
|Dec 1 2016||Application (16A547) to extend the time to file a petition for a writ of certiorari from December 26, 2016 to January 25, 2017, submitted to Justice Thomas.|
|Dec 6 2016||Application (16A547) granted by Justice Thomas extending the time to file until January 25, 2017.|
|Jan 25 2017||Petition for a writ of certiorari filed. (Response due February 27, 2017)|
|Feb 27 2017||Brief of respondent FN Herstal SA in opposition filed.|
|Mar 15 2017||DISTRIBUTED for Conference of March 31, 2017.|
|Mar 15 2017||Reply of petitioner Clyde Armory Inc. filed. (Distributed)|
|Apr 3 2017||Petition DENIED.|
#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