Mission Product Holdings Inc. v. Tempnology, LLC

Docket No.	Argument	Opinion	Vote	Author	Term
17-1657	Feb 20, 2019	May 20, 2019	8-1	Kagan	OT 2018

Holding: A bankruptcy debtor"s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.

Judgment: Reversed and remanded, 8-1, in an opinion by Justice Kagan on May 20, 2019. Justice Sotomayor filed a concurring opinion. Justice Gorsuch filed a dissenting opinion.

SCOTUSblog Coverage

Opinion analysis: Justices narrow bankrupts power to rescind contracts in bankruptcy (Ronald Mann, May 21, 2019)
Argument analysis: Meandering argument suggests justices likely to narrow bankrupts power to rescind licenses in bankruptcy (Ronald Mann, February 20, 2019)
OT2018 #19: "Fake Mootness" (First Mondays, February 18, 2019)
Argument preview: Justices to examine rejection of contracts in bankruptcy (Ronald Mann, February 13, 2019)
OT2018 #5: "Arbitration Nation" (First Mondays, October 31, 2018)
Justices add three new cases to this terms docket (Amy Howe, October 26, 2018)
Petition of the day (Aurora Barnes, June 27, 2018)

Date	Proceedings and Orders (key to color coding)
03/27/2018	Application (17A1060) to extend the time to file a petition for a writ of certiorari from April 12, 2018 to June 11, 2018, submitted to Justice Breyer.
04/02/2018	Application (17A1060) granted by Justice Breyer extending the time to file until June 11, 2018.
06/11/2018	Petition for a writ of certiorari filed. (Response due July 12, 2018)
06/28/2018	Waiver of right of respondent Tempnology, LLC, n/k/a Old Cold LLC to respond filed.
07/03/2018	DISTRIBUTED for Conference of 9/24/2018.
07/09/2018	Response Requested. (Due August 8, 2018)
07/11/2018	Brief amicus curiae of The International Trademark Association filed.
07/20/2018	Motion to extend the time to file a response from August 8, 2018 to September 7, 2018, submitted to The Clerk.
07/24/2018	Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2018.
08/08/2018	Brief amici curiae of Law Professors filed.
09/07/2018	Brief of respondent Tempnology, LLC, n/k/a Old Cold LLC in opposition filed.
09/25/2018	Reply of petitioner Mission Product Holdings, Inc. filed.
09/26/2018	DISTRIBUTED for Conference of 10/12/2018.
10/22/2018	DISTRIBUTED for Conference of 10/26/2018.
10/25/2018	Letter of October 23, 2018 from counsel for respondent received. (Distributed)
10/26/2018	Letter of October 25, 2018 from counsel for petitioner received. (Distributed)
10/26/2018	Petition GRANTED limited to Question 1 presented by the petition.
12/10/2018	Brief of petitioner Mission Product Holdings, Inc. filed.
12/10/2018	Joint appendix (2 volumes) filed.
12/12/2018	Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
12/17/2018	Brief amicus curiae of United States filed.
12/17/2018	Brief amici curiae of Law Professors filed.
12/17/2018	Brief amicus curiae of New York Intellectual Property Law Association filed.
12/17/2018	Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
12/17/2018	Brief amicus curiae of The International Trademark Association filed.
12/21/2018	SET FOR ARGUMENT on Wednesday, February 20, 2019.
12/21/2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
01/09/2019	Brief of respondent Tempnology, LLC, n/k/a Old Cold LLC filed.
01/11/2019	Record requested from the U.S.C.A. 1st Circuit.
01/15/2019	CIRCULATED
01/18/2019	Record from the U.S.C.A. 1st Circuit is electronic and located on PACER, with the exception of one envelop containing the Joint Appendix.
01/22/2019	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
02/08/2019	Reply of petitioner Mission Product Holdings, Inc. filed. (Distributed)
02/20/2019	Argued. For petitioner: Danielle Spinelli, Washington, D. C.; and Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Douglas Hallward-Driemeier, Washington, D. C.
05/20/2019	Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Ginsburg, Breyer, Alito, Sotomayor, and Kavanaugh, JJ., joined. Sotomayor, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion.
06/21/2019	JUDGMENT ISSUED.