|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-1178||2d Cir.||TBD||TBD||TBD||TBD||OT 2014|
Disclosure: As of July 25, 2014, Goldstein & Russell, PC represents the petitioner in this case.
Issue: (1) Whether a court can constitutionally take copyrights to works originally owned and authored by an independent contractor and hand them to a private party by judicially re-designating them “works for hire;” (2) whether “employer” under the Copyright Act of 1909 can be judicially extended beyond conventional employment to independent contractors, when this contradicts its common law meaning, binding Supreme Court precedent and longstanding canons of statutory construction; and (3) whether “work for hire” can be determined based on post-creation contingencies, like discretionary payment, when authorship and ownership of a copyrightable work, including “work for hire,” vests at inception.
|Date||Proceedings and Orders |
|Dec 11 2013||Application (13A608) to extend the time to file a petition for a writ of certiorari from January 20, 2014 to March 21, 2014, submitted to Justice Ginsburg.|
|Dec 13 2013||Application (13A608) granted by Justice Ginsburg extending the time to file until March 21, 2014.|
|Mar 21 2014||Petition for a writ of certiorari filed. (Response due April 28, 2014)|
|Apr 24 2014||Waiver of right of respondents Marvel Characters, Incorporated, et al. to respond filed.|
|Apr 29 2014||DISTRIBUTED for Conference of May 15, 2014.|
|May 14 2014||Response Requested . (Due June 13, 2014)|
|May 28 2014||Order extending time to file response to petition to and including July 14, 2014.|
|Jun 13 2014||Brief amici curiae of Bruce Lehman, et al. filed.|
|Jun 13 2014||Brief amicus curiae of The California Society of Entertainment Lawyers filed.|
|Jun 13 2014||Brief amici curiae of Mark Evanier, John Morrow, and Pen Center USA filed.|
|Jun 13 2014||Brief amici curiae of Screen Actors Guild - American Federation of Television and Radio Artists, et al. filed.|
|Jul 14 2014||Brief of respondents Marvel Characters, Incorporated, et al. in opposition filed.|
|Jul 29 2014||Reply of petitioners Lisa R. Kirby, et al. filed.|
|Jul 30 2014||DISTRIBUTED for Conference of September 29, 2014.|
|Sep 26 2014||Stipulation to dismiss the petition for writ of certiorari pursuant to Rule 46 received.|
|Sep 26 2014||Petition Dismissed - Rule 46.|
#SCOTUS does not take up 2nd question in the case, on whether to overrule its 2020 decision in McGirt v. Oklahoma. Full order is here: https://www.supremecourt.gov/orders/courtorders/012122zr_3f14.pdf https://twitter.com/AHoweBlogger/status/1484606315519516675
#SCOTUS grants one new case, sets it for argument in April: Oklahoma v. Castro-Huerta, on whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian country.
More opinions coming on Monday.
#SCOTUS website indicates that the Court is expected to release more opinions on Monday morning at 10 am.
The next #SCOTUS grants? Kevin McCarthy v. Nancy Pelosi in a fight over congressional proxy voting; the First Amendment-based ministerial exception to employment law returns; nondelegation doctrine (!); and the constitutionality of the FTC's structure.
Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more - SCOTUSblog
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming con...
JUST IN: The Supreme Court, over dissents from the three liberal justices, rejects a request from Texas abortion clinics to immediately return the litigation over Texas' six-week abortion law to a federal district court.
The Supreme Court issues a single opinion today, ruling in an 8-1 vote that a criminal defendant's rights were violated under the Sixth Amendment's confrontation clause when the government introduced a plea allocution from another proceeding. https://www.supremecourt.gov/opinions/21pdf/20-637_10n2.pdf
Today at SCOTUS: We expect one or more opinions in argued cases to be issued starting at 10 a.m. EST. At 9:45, we'll fire up our live blog, where we'll also chat about this week's arguments and last night's ruling on Trump records. Grab your ☕️ & join us!
Announcement of opinions for Thursday, Jan. 20 - SCOTUSblog
On Thursday, January 20, we will be live blogging as the court releases opinions in one or more argued cases f...