|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.
|Date||Proceedings and Orders |
|Dec 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.|
|Dec 10 2018||Application (18A600) granted by Justice Ginsburg extending the time to file until February 15, 2019.|
|Feb 15 2019||Petition for a writ of certiorari filed. (Response due March 25, 2019)|
|Mar 06 2019||Waiver of right of respondent Marcel Fashions, Inc. to respond filed.|
|Mar 27 2019||DISTRIBUTED for Conference of 4/12/2019.|
|Apr 01 2019||Response Requested. (Due May 1, 2019)|
|Apr 30 2019||Motion to extend the time to file a response from May 1, 2019 to May 31, 2019, submitted to The Clerk.|
|May 01 2019||Motion to extend the time to file a response is granted and the time is extended to and including May 31, 2019.|
|May 31 2019||Letter from counsel for petitioner waiving the 14-day waiting period under Rule 15.5 filed.|
|May 31 2019||Brief of respondent Marcel Fashion Group, Inc. in opposition filed.|
|Jun 04 2019||DISTRIBUTED for Conference of 6/20/2019.|
|Jun 04 2019||Reply of petitioners Lucky Brands Dungarees, Inc., et al. filed. (Distributed)|
|Jun 26 2019||DISTRIBUTED for Conference of 6/27/2019.|
|Jun 28 2019||Petition GRANTED.|
|Jul 12 2019||Motion for an extension of time filed.|
|Jul 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.|
|Sep 11 2019||Joint appendix filed.|
|Sep 11 2019||Brief of petitioners Lucky Brands Dungarees, Inc., et al. filed.|
|Nov 08 2019||SET FOR ARGUMENT on Monday, January 13, 2020.|
|Nov 12 2019||Brief of respondent Marcel Fashions Group, Inc. filed.|
|Nov 26 2019||CIRCULATED|
|Dec 03 2019||Record requested from the U.S.C.A. 2nd Circuit.|
|Dec 04 2019||The record from the U.S.C.A. 2nd Circuit is electronically filed.|
|Dec 12 2019||Reply of petitioners Lucky Brands Dungarees, Inc., et al. filed. (Distributed)|
|Jan 13 2020||Argued. For petitioners: Dale Cendali, New York, N. Y. For respondent: Michael B. Kimberly, Washington, D. C.|
|May 14 2020||Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.|
|Jun 15 2020||JUDGMENT ISSUED.|
NEW: The Supreme Court declines to block the execution of Alabama prisoner Willie Smith, who is scheduled to be put to death by lethal injection tonight. No noted dissents, but Sotomayor adds a brief statement expressing concerns about Alabama's conduct.
NEW: Texas files its response to the Justice Department's emergency application asking the Supreme Court to block the state's six-week abortion ban.
Full brief is here: https://www.supremecourt.gov/DocketPDF/21/21A85/197064/20211021113524436_21A85_United%20States%20v.%20Texas_Opposition.pdf
Breyer is the third justice since August to turn away an emergency challenge to a vaccine mandate, without referring the issue to the full court. Earlier: Barrett declined to block Indiana University's mandate, and Sotomayor declined to block NYC's mandate for school employees.
Justice Stephen Breyer turns down request to block enforcement of Maine's COVID-19 vaccine mandate for healthcare workers, although he leaves open possibility that plaintiffs can return to #SCOTUS after the court of appeals acts: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21a83.html
Where do things stand at the Supreme Court with the two pending challenges to the Texas anti-abortion law? Here's an explainer from @katieleebarlow in a Tik Tok minute.
#SCOTUS grants request by Texas abortion providers to fast-track consideration of petition for cert before judgment in challenge to SB8. Response from Texas is due by noon on Thursday -- same time as Texas's response to US filing today. Order is here: https://www.supremecourt.gov/orders/courtorders/101821zr1_2c8f.pdf
BREAKING: The Justice Department has filed its emergency application asking the Supreme Court to block Texas' six-week abortion ban.
The filing is here: https://www.supremecourt.gov/DocketPDF/21/21A85/196650/20211018120230336_US%20v.%20Texas%20application%20final.pdf
NEW: The Justice Department, as expected, says it plans to ask the Supreme Court to block enforcement of the Texas law that bans abortions after six weeks of pregnancy.