Briefly Mentioned :

Briefly Noted :

On Tuesday, the justices released orders from their May 21 conference, adding no new cases to their merits docket for next term.

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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
Tr.Aud. 		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

DateProceedings and Orders (key to color coding)
Dec 07 2018Application (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 2018Application (18A600) granted by Justice Ginsburg extending the time to file until February 15, 2019.
Feb 15 2019Petition for a writ of certiorari filed. (Response due March 25, 2019)
Mar 06 2019Waiver of right of respondent Marcel Fashions, Inc. to respond filed.
Mar 27 2019DISTRIBUTED for Conference of 4/12/2019.
Apr 01 2019Response Requested. (Due May 1, 2019)
Apr 30 2019Motion to extend the time to file a response from May 1, 2019 to May 31, 2019, submitted to The Clerk.
May 01 2019Motion to extend the time to file a response is granted and the time is extended to and including May 31, 2019.
May 31 2019Letter from counsel for petitioner waiving the 14-day waiting period under Rule 15.5 filed.
May 31 2019Brief of respondent Marcel Fashion Group, Inc. in opposition filed.
Jun 04 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 04 2019Reply of petitioners Lucky Brands Dungarees, Inc., et al. filed. (Distributed)
Jun 26 2019DISTRIBUTED for Conference of 6/27/2019.
Jun 28 2019Petition GRANTED.
Jul 12 2019Motion for an extension of time filed.
Jul 18 2019Joint 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 2019Joint appendix filed.
Sep 11 2019Brief of petitioners Lucky Brands Dungarees, Inc., et al. filed.
Nov 08 2019SET FOR ARGUMENT on Monday, January 13, 2020.
Nov 12 2019Brief of respondent Marcel Fashions Group, Inc. filed.
Nov 26 2019CIRCULATED
Dec 03 2019Record requested from the U.S.C.A. 2nd Circuit.
Dec 04 2019The record from the U.S.C.A. 2nd Circuit is electronically filed.
Dec 12 2019Reply of petitioners Lucky Brands Dungarees, Inc., et al. filed. (Distributed)
Jan 13 2020Argued. For petitioners: Dale Cendali, New York, N. Y. For respondent: Michael B. Kimberly, Washington, D. C.
May 14 2020Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
 
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