Mission Product Holdings Inc. v. Tempnology, LLC

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Mission Product Holdings Inc. v. Tempnology, LLC

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter

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Conference of June 20, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-1657	1st Cir.	Feb 20, 2019 Tr.Aud.	May 20, 2019	8-1	Kagan	OT 2018

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioner in this case.

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.

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy (Ronald Mann)
Argument analysis: Meandering argument suggests justices likely to narrow bankrupts’ power to rescind licenses in bankruptcy (Ronald Mann)
OT2018 #19: "Fake Mootness" (First Mondays)
Argument preview: Justices to examine rejection of contracts in bankruptcy (Ronald Mann)
OT2018 #5: "Arbitration Nation" (First Mondays)
Justices add three new cases to this term’s docket (Amy Howe)
Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Mar 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.
Apr 02 2018	Application (17A1060) granted by Justice Breyer extending the time to file until June 11, 2018.
Jun 11 2018	Petition for a writ of certiorari filed. (Response due July 12, 2018)
Jun 28 2018	Waiver of right of respondent Tempnology, LLC, n/k/a Old Cold LLC to respond filed.
Jul 03 2018	DISTRIBUTED for Conference of 9/24/2018.
Jul 09 2018	Response Requested. (Due August 8, 2018)
Jul 11 2018	Brief amicus curiae of The International Trademark Association filed.
Jul 20 2018	Motion to extend the time to file a response from August 8, 2018 to September 7, 2018, submitted to The Clerk.
Jul 24 2018	Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2018.
Aug 08 2018	Brief amici curiae of Law Professors filed.
Sep 07 2018	Brief of respondent Tempnology, LLC, n/k/a Old Cold LLC in opposition filed.
Sep 25 2018	Reply of petitioner Mission Product Holdings, Inc. filed.
Sep 26 2018	DISTRIBUTED for Conference of 10/12/2018.
Oct 22 2018	DISTRIBUTED for Conference of 10/26/2018.
Oct 25 2018	Letter of October 23, 2018 from counsel for respondent received. (Distributed)
Oct 26 2018	Letter of October 25, 2018 from counsel for petitioner received. (Distributed)
Oct 26 2018	Petition GRANTED limited to Question 1 presented by the petition.
Dec 10 2018	Brief of petitioner Mission Product Holdings, Inc. filed.
Dec 10 2018	Joint appendix (2 volumes) filed.
Dec 12 2018	Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
Dec 17 2018	Brief amicus curiae of United States filed.
Dec 17 2018	Brief amici curiae of Law Professors filed.
Dec 17 2018	Brief amicus curiae of New York Intellectual Property Law Association filed.
Dec 17 2018	Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Dec 17 2018	Brief amicus curiae of The International Trademark Association filed.
Dec 21 2018	SET FOR ARGUMENT on Wednesday, February 20, 2019.
Dec 21 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 09 2019	Brief of respondent Tempnology, LLC, n/k/a Old Cold LLC filed.
Jan 11 2019	Record requested from the U.S.C.A. 1st Circuit.
Jan 15 2019	CIRCULATED
Jan 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.
Jan 22 2019	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 08 2019	Reply of petitioner Mission Product Holdings, Inc. filed. (Distributed)
Feb 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.
May 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.
Jun 21 2019	JUDGMENT ISSUED.

Featured Posts

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter
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On Monday, the Supreme Court released orders from the June 20 conference; the justices granted eight new cases, for a total of five hours of oral argument next term: Guerrero-Lasprilla v. Barr, Ovalles v. Barr, Dex Media Inc. v. Click-To-Call Technologies, LP, Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, Land of Lincoln Mutual Health Insurance Co. v. United States, Georgia v. Public.Resource.Org Inc. and Banister v. Davis.
Also on Monday, the justices released their opinions in four argued cases: United States v. Davis, Food Marketing Institute v. Argus Leader Media, Iancu v. Brunetti and The Dutra Group v. Batterton.
The Supreme Court will release opinions in one or more argued cases on Wednesday at 10 a.m.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
- Gamble v. United States
see all this term’s cases »
Recent Decisions
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
- Kelly v. United States Whether a public official “defraud[s]” the government of its property by advancing a “public policy reason” for an official decision that is not her subjective “real reason” for making the decision.
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Summary reversals 5

Merits cases granted to date 74

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Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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Cases argued	69
Cases decided	61
Summary reversals	5
Merits cases granted to date	74

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6
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