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Kirtsaeng v. John Wiley & Sons, Inc.

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Docket No. Op. Below Argument Opinion Vote Author Term
15-375 2d Cir. Apr 25, 2016 Jun 16, 2016 8-0 Kagan OT 2015

Holding: (1) When deciding whether to award attorney's fees under the Copyright Act’s fee-shifting provision, a district court should give substantial weight to the objective reasonableness of the losing party's position, while still taking into account all other circumstances relevant to granting fees; and (2) while the Second Circuit properly calls for district courts to give "substantial weight" to the reasonableness of a losing party's litigating positions, its language at times suggests that a finding of reasonableness raises a presumption against granting fees, and that goes too far in cabining the district court's analysis.

Judgment: Vacated and remanded, 8-0, in an opinion by Justice Kagan on June 16, 2016.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 13 2015Application (15A170) to extend the time to file a petition for a writ of certiorari from August 25, 2015 to September 24, 2015, submitted to Justice Ginsburg.
Aug 17 2015Application (15A170) granted by Justice Ginsburg extending the time to file until September 24, 2015.
Sep 24 2015Petition for a writ of certiorari filed. (Response due October 28, 2015)
Oct 5 2015Order extending time to file response to petition to and including November 27, 2015.
Nov 24 2015Brief of respondent John Wiley & Sons, Inc. in opposition filed.
Nov 27 2015Letter of Rule 29.6 corporate disclosure statement received from counsel for respondent.
Dec 8 2015Reply of petitioner Supap Kirtsaing, dba Bluechristine99 filed. (Distributed).
Dec 9 2015DISTRIBUTED for Conference of January 8, 2016.
Jan 11 2016DISTRIBUTED for Conference of January 15, 2016.
Jan 15 2016Petition GRANTED.
Feb 11 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 11 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondent.
Feb 22 2016Joint appendix filed. (Statment of costs filed.)
Feb 22 2016Brief of petitioner Supap Kirtsaeng, dba Bluechristine99 filed.
Feb 29 2016Brief amicus curiae of Public Knowledge filed.
Mar 4 2016SET FOR ARGUMENT ON Monday, April 25, 2016
Mar 7 2016Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
Mar 7 2016Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Mar 14 2016Record requested from U.S.C.A. 2nd Circuit.
Mar 15 2016CIRCULATED.
Mar 16 2016Record received from the U.S.C.A. 2nd Circuit is electronic.
Mar 23 2016Brief of respondent John Wiley & Sons, Inc. filed. (Distributed)
Mar 30 2016Brief amicus curiae of Rimini Street, Inc. filed. (Distributed)
Mar 30 2016Brief amicus curiae of United States filed. (Distributed)
Mar 30 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 30 2016Brief amicus curiae of The Copyright Alliance filed. (Distributed)
Mar 30 2016Brief amicus curiae of Volunteer Lawyers for the Arts, Inc. filed. (Distributed)
Apr 8 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 11 2016Reply of petitioner Supap Kirtsaeng, dba Bluechristine99 filed. (Distributed)
Apr 25 2016Argued. For petitioner: E. Joshua Rosenkranz, New York, N. Y. For respondent: Paul M. Smith, Washington, D. C.; and Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 16 2016Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
Jul 18 2016JUDGMENT ISSUED