Breaking News

Clyde Armory Inc. v. FN Herstal SA

Petition for certiorari denied on April 3, 2017
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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 1 2016Application (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 2016Application (16A547) granted by Justice Thomas extending the time to file until January 25, 2017.
Jan 25 2017Petition for a writ of certiorari filed. (Response due February 27, 2017)
Feb 27 2017Brief of respondent FN Herstal SA in opposition filed.
Mar 15 2017DISTRIBUTED for Conference of March 31, 2017.
Mar 15 2017Reply of petitioner Clyde Armory Inc. filed. (Distributed)
Apr 3 2017Petition DENIED.