Fourth Estate Public Benefit Corp. v. Wall-Street.com

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Fourth Estate Public Benefit Corp. v. Wall-Street.com

Argument preview: Justices to consider whether First Amendment applies to public-access channels – Amy Howe

Argument analysis: Justices seem divided about government right to challenge patents in administrative process – Ronald Mann

A "view" from the courtroom: Back to the bench for Justice Ginsburg – Mark Walsh

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Orders

RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-571	11th Cir.	Jan 8, 2019 Tr.Aud.	TBD	TBD	TBD	OT 2018

Issue: Whether the “registration of [a] copyright claim has been made” within the meaning of 17 U.S.C. § 411(a) when the copyright holder delivers the required application, deposit, and fee to the Copyright Office, as the U.S. Courts of Appeal for the 5th and 9th Circuits have held, or only once the Copyright Office acts on that application, as the U.S. Courts of Appeals for the 10th and, in the decision below, the 11th Circuits have held. CVSG: 05/16/2018.

Argument analysis: Justices wade deep into the copyright weeds (Jessica Litman)
Argument preview: When has registration of a copyright claim “been made”? (Jessica Litman)
Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Aug 04 2017	Application (17A150) to extend the time to file a petition for a writ of certiorari from August 16, 2017 to October 13, 2017, submitted to Justice Thomas.
Aug 07 2017	Application (17A150) granted by Justice Thomas extending the time to file until October 13, 2017.
Oct 13 2017	Petition for a writ of certiorari filed. (Response due November 15, 2017)
Oct 13 2017	Waiver of right of respondents Wall-Street.com, LLC, et al. to respond filed.
Nov 01 2017	DISTRIBUTED for Conference of 11/21/2017.
Nov 02 2017	Response Requested. (Due December 4, 2017)
Nov 28 2017	Brief of respondents Wall-Street.com, LLC, et al. in opposition filed.
Dec 13 2017	DISTRIBUTED for Conference of 1/5/2018.
Dec 13 2017	Reply of petitioner Fourth Estate Public Benefit Corporation filed. (Distributed)
Jan 08 2018	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 16 2018	Brief amicus curiae of United States filed.
Jun 05 2018	DISTRIBUTED for Conference of 6/21/2018.
Jun 05 2018	Supplemental brief of petitioner Fourth Estate Pub. Benefit Corp. filed. (Distributed)
Jun 27 2018	DISTRIBUTED for Conference of 6/27/2018.
Jun 28 2018	Petition GRANTED.
Jul 23 2018	Motion for an extension of time filed.
Jul 24 2018	Blanket Consent received from counsel of record for Petitioner, Fourth Estate Public Benefit Corporation filed.
Jul 24 2018	Motion to dispense with printing the joint appendix filed by petitioner Fourth Estate Pub. Benefit Corp.
Jul 25 2018	Blanket Consent filed by Respondents, Wall-Street.com, LLC, et al.
Jul 27 2018	Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 27, 2018. The time to file respondents' brief on the merits is extended to and including October 11, 2018.
Aug 24 2018	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Aug 27 2018	Brief of petitioner Fourth Estate Pub. Benefit Corp. filed.
Sep 04 2018	Brief amici curiae of National Music Publishers' Association, et al. filed.
Sep 04 2018	Brief amicus curiae of The Copyright Alliance filed.
Sep 04 2018	Brief amicus curiae of American Bar Association filed.
Sep 04 2018	Brief amici curiae of Authors Guild and Other Artists' Rights Organizations filed.
Sep 04 2018	Brief amicus curiae of The International Trademark Association filed.
Oct 11 2018	Brief of respondents Wall-Street.com, LLC, et al. filed.
Oct 18 2018	Brief amicus curiae of Washington Legal Foundation filed.
Oct 18 2018	Brief amicus curiae of United States filed.
Oct 18 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 18 2018	Brief amici curiae of Authors and Educators filed.
Oct 18 2018	Brief amici curiae of Public Knowledge, et al. filed.
Oct 26 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 13 2018	Reply of petitioner Fourth Estate Pub. Benefit Corp. filed.
Nov 28 2018	SET FOR ARGUMENT ON Tuesday, January 8, 2019
Nov 30 2018	CIRCULATED
Dec 11 2018	Record requested from the U.S.C.A. 11th Circuit.
Dec 13 2018	Record received from the U.S.D.C. Southern Dist. of Florida Fort Lauderdale Division is electronic and complete.
Dec 17 2018	Record from the U.S.C.A. 11th Circuit is electronic and located on PACER.
Jan 08 2019	Argued. For petitioner: Aaron M. Panner, Washington, D. C. For respondents: Peter K. Stris, Los Angeles, Cal.; and Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Featured Posts

Argument preview: Justices to consider whether First Amendment applies to public-access channels – Amy Howe

Argument analysis: Justices seem divided about government right to challenge patents in administrative process – Ronald Mann

A "view" from the courtroom: Back to the bench for Justice Ginsburg – Mark Walsh
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The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
There is a possibility of opinions on Wednesday at 10 a.m.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices hear oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
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Cases decided 11

Summary reversals 3

Merits cases granted to date 74

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Justice Sotomayor at the Library of Congress

On February 14, Justice Sonia Sotomayor appeared at the Library of Congress with Chief Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit and Professor Eloise Pasachoff of the Georgetown University Law Center for the Supreme Court Fellows Annual Lecture.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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Awarded the Webby Award for excellence on the internet.

15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	44
Cases decided	11
Summary reversals	3
Merits cases granted to date	74