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.
Date | Proceedings and Orders |
---|---|
Aug 13 2015 | Application (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 2015 | Application (15A170) granted by Justice Ginsburg extending the time to file until September 24, 2015. |
Sep 24 2015 | Petition for a writ of certiorari filed. (Response due October 28, 2015) |
Oct 5 2015 | Order extending time to file response to petition to and including November 27, 2015. |
Nov 24 2015 | Brief of respondent John Wiley & Sons, Inc. in opposition filed. |
Nov 27 2015 | Letter of Rule 29.6 corporate disclosure statement received from counsel for respondent. |
Dec 8 2015 | Reply of petitioner Supap Kirtsaing, dba Bluechristine99 filed. (Distributed). |
Dec 9 2015 | DISTRIBUTED for Conference of January 8, 2016. |
Jan 11 2016 | DISTRIBUTED for Conference of January 15, 2016. |
Jan 15 2016 | Petition GRANTED. |
Feb 11 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
Feb 11 2016 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondent. |
Feb 22 2016 | Joint appendix filed. (Statment of costs filed.) |
Feb 22 2016 | Brief of petitioner Supap Kirtsaeng, dba Bluechristine99 filed. |
Feb 29 2016 | Brief amicus curiae of Public Knowledge filed. |
Mar 4 2016 | SET FOR ARGUMENT ON Monday, April 25, 2016 |
Mar 7 2016 | Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed. |
Mar 7 2016 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
Mar 14 2016 | Record requested from U.S.C.A. 2nd Circuit. |
Mar 15 2016 | CIRCULATED. |
Mar 16 2016 | Record received from the U.S.C.A. 2nd Circuit is electronic. |
Mar 23 2016 | Brief of respondent John Wiley & Sons, Inc. filed. (Distributed) |
Mar 30 2016 | Brief amicus curiae of Rimini Street, Inc. filed. (Distributed) |
Mar 30 2016 | Brief amicus curiae of United States filed. (Distributed) |
Mar 30 2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
Mar 30 2016 | Brief amicus curiae of The Copyright Alliance filed. (Distributed) |
Mar 30 2016 | Brief amicus curiae of Volunteer Lawyers for the Arts, Inc. filed. (Distributed) |
Apr 8 2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
Apr 11 2016 | Reply of petitioner Supap Kirtsaeng, dba Bluechristine99 filed. (Distributed) |
Apr 25 2016 | Argued. 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 2016 | Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. |
Jul 18 2016 | JUDGMENT ISSUED |
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We're live now on SCOTUSblog's homepage or at https://www.scotusblog.com/2022/05/announcement-of-orders-and-opinions-for-monday-may-16/
Today at SCOTUS: The court will issue one or more opinions in argued cases at 10 a.m. EDT. But first, orders on pending petitions at 9:30. We'll fire up our live blog at 9:25 to break it all down and answer your questions. Grab some ☕️ and come join us: https://www.scotusblog.com/2022/05/announcement-of-orders-and-opinions-for-monday-may-16/