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

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-571	11th Cir.	Jan 8, 2019 Tr.Aud.	Mar 4, 2019	9-0	Ginsburg	OT 2018

Holding: Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.

Judgment: Affirmed, 9-0, in an opinion by Justice Ginsburg on March 4, 2019.

SCOTUSblog Coverage

Opinion analysis: A copyright owner can’t sue for infringement before the Register has processed its copyright registration application (Jessica Litman)
A “view” from the courtroom: Third Mondays (Mark Walsh)
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.)
Mar 04 2019	Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court.
Apr 05 2019	JUDGMENT ISSUED.

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The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
On Tuesday, the justices dismissed Emulex Corp. v. Varjabedian as improvidently granted.
On Wednesday, the justices released their opinion in Lamps Plus Inc. v. Varela.
On Monday, the justices heard oral argument in Food Marketing Institute v. Argus Leader Media and Fort Bend County, Texas v. Davis.
On Tuesday morning, the justices heard oral argument in Department of Commerce v. New York. On Tuesday afternoon, they heard argument in Mitchell v. Wisconsin and Rehaif v. United States.
On Wednesday, the justices heard oral argument in Quarles v. United States and Taggart v. Lorenzen.
On Friday, the justices meet for their April 26 conference; John Elwood compiles the petitions relisted for this conference.
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- 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.
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  (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.
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Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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	1 Orders Opinions	2	3	4	5	6
7	8	9	10	11	12 Conference	13
14	15 Orders IANCU V. BRUNETTI (18-302) EMULEX CORP. V. VARJABEDIAN (18-459)	16 PARKER DRILLING MANAGEMENT SERVICES V. NEWTON (18-389) NORTH CAROLINA DEPARTMENT OF REVENUE V. KAESTNER FAMILY TRUST (18-457)	17 UNITED STATES V. DAVIS (18-431) MCDONOUGH V. SMITH (18-485)	18 Conference	19	20
21	22 Orders FOOD MARKETING INSTITUTE V. ARGUS LEADER MEDIA (18-481) FORT BEND COUNTY, TEXAS V. DAVIS (18-525)	23 MITCHELL V. WISCONSIN (18-6210) REHAIF V. UNITED STATES (17-9560) DEPARTMENT OF COMMERCE V. NEW YORK (18-966) Opinions	24 QUARLES V. UNITED STATES (17-778) TAGGART V. LORENZEN (18-489) Opinions	25	26 Conference	27
28	29 Orders	30

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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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

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