Lucky Brand Dungarees Inc. v. Marcel Fashions Group Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-1086 | 2d Cir. | Jan 13, 2020 | May 14, 2020 | 9-0 | Sotomayor | OT 2019 |
Holding: Because the trademark action at issue challenged different conduct"and raised different claims"from an earlier action between the parties, Marcel cannot preclude Lucky Brand from raising new defenses, including a defense that Lucky Brand failed to press fully in the earlier suit.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on May 14, 2020.
SCOTUSblog Coverage
- Opinion analysis: Court unanimously reverses 2nd Circuit on "defense preclusion," but on very narrow grounds (Megan La Belle, May 15, 2020)
- Live blog of opinions (Update: Completed) (Kalvis Golde, May 14, 2020)
- Argument analysis: Justices concerned about the practical impact of "defense preclusion" (Megan La Belle, January 14, 2020)
- Argument preview: Justices will decide whether res judicata includes "defense preclusion" (Megan La Belle, January 6, 2020)
- Court releases January calendar (Amy Howe, November 8, 2019)
- Petitions of the week (Aurora Barnes, March 22, 2019)
| Date | Proceedings and Orders |
|---|---|
| 12/07/2018 | Application (18A600) to extend the time to file a petition for a writ of certiorari from December 18, 2018 to February 15, 2019, submitted to Justice Ginsburg. |
| 12/10/2018 | Application (18A600) granted by Justice Ginsburg extending the time to file until February 15, 2019. |
| 02/15/2019 | Petition for a writ of certiorari filed. (Response due March 25, 2019) |
| 03/06/2019 | Waiver of right of respondent Marcel Fashions, Inc. to respond filed. |
| 03/27/2019 | DISTRIBUTED for Conference of 4/12/2019. |
| 04/01/2019 | Response Requested. (Due May 1, 2019) |
| 04/30/2019 | Motion to extend the time to file a response from May 1, 2019 to May 31, 2019, submitted to The Clerk. |
| 05/01/2019 | Motion to extend the time to file a response is granted and the time is extended to and including May 31, 2019. |
| 05/31/2019 | Letter from counsel for petitioner waiving the 14-day waiting period under Rule 15.5 filed. |
| 05/31/2019 | Brief of respondent Marcel Fashion Group, Inc. in opposition filed. |
| 06/04/2019 | DISTRIBUTED for Conference of 6/20/2019. |
| 06/04/2019 | Reply of petitioners Lucky Brands Dungarees, Inc., et al. filed. (Distributed) |
| 06/26/2019 | DISTRIBUTED for Conference of 6/27/2019. |
| 06/28/2019 | Petition GRANTED. |
| 07/12/2019 | Motion for an extension of time filed. |
| 07/18/2019 | Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 11, 2019. The time to file respondent's brief on the merits is extended to and including November 12, 2019. |
| 09/11/2019 | Joint appendix filed. |
| 09/11/2019 | Brief of petitioners Lucky Brands Dungarees, Inc., et al. filed. |
| 11/08/2019 | SET FOR ARGUMENT on Monday, January 13, 2020. |
| 11/12/2019 | Brief of respondent Marcel Fashions Group, Inc. filed. |
| 11/26/2019 | CIRCULATED |
| 12/03/2019 | Record requested from the U.S.C.A. 2nd Circuit. |
| 12/04/2019 | The record from the U.S.C.A. 2nd Circuit is electronically filed. |
| 12/12/2019 | Reply of petitioners Lucky Brands Dungarees, Inc., et al. filed. (Distributed) |
| 01/13/2020 | Argued. For petitioners: Dale Cendali, New York, N. Y. For respondent: Michael B. Kimberly, Washington, D. C. |
| 05/14/2020 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. |
| 06/15/2020 | JUDGMENT ISSUED. |