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Warner Chappell Music, Inc. v. Nealy

Docket No.22-1078
Op. Below11th Cir.
ArgumentFeb 21, 2024

Holding

The Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred.

Judgment

Affirmed, 6-3, in an opinion by Elena Kagan on May 9, 2024. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined.

Proceedings & orders timeline

May 3, 2023
Petition for a writ of certiorari filed. (Response due June 5, 2023)
Jun 2, 2023
Brief amici curiae of Krystina L. Cavazos, et al. filed
Jun 5, 2023
Brief amici curiae of Recording Industry Association of America and National Music Publishers’ Association filed.
Jun 5, 2023
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jun 5, 2023
Brief of respondents Sherman Nealy, et al. in opposition filed.
Jun 21, 2023
DISTRIBUTED for Conference of 9/26/2023.
Jun 21, 2023
Reply of petitioners Warner Chappell Music, Inc., et al. filed. (Distributed)
Sep 29, 2023
Petition GRANTED limited to the following question: Whether, under the discovery accrual rule applied by the circuit courts and the Copyright Act's statute of limitations for civil actions, 17 U. S. C. §507(b), a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit.
Oct 24, 2023
Motion for an extension of time file the briefs on the merits filed.
Oct 24, 2023
Motion to dispense with printing the joint appendix filed by petitioners Warner Chappell Music, Inc., et al.
Oct 31, 2023
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 November 24, 2023. The time to file respondents' brief on the merits is extended to and including January 5, 2024.
Nov 6, 2023
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Nov 27, 2023
Brief of petitioners Warner Chappell Music, Inc., et al. filed.
Dec 1, 2023
Brief amicus curiae of Tyler T. Ochoa in support of neither party filed.
Dec 1, 2023
Brief amici curiae of Southwestern Law Student Krystina Cavazos, et al. filed.
Dec 1, 2023
Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Dec 4, 2023
Brief amicus curiae of Association of American Publishers filed.
Dec 4, 2023
Brief amicus curiae of Recording Industry Association of America filed.
Dec 4, 2023
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Dec 4, 2023
Brief amici curiae of Electronic Frontier Foundation, Authors Alliance, American Library Association an Association of Research Libraries filed.
Dec 4, 2023
Brief amicus curiae of McHale & Slavin, P.A. in support of neither party filed.
Jan 5, 2024
SET FOR ARGUMENT on Wednesday, February 21, 2024.
Jan 5, 2024
Brief of Sherman Nealy, et al. not accepted for filing. (January 09, 2024--Corrected PDF and hard copy served on 1/5/24.)
Jan 5, 2024
Brief of respondents Sherman Nealy, et al. filed.
Jan 8, 2024
Record requested from the United States Court of Appeals for the Eleventh Circuit.
Jan 9, 2024
Partial record received from the United States Court of Appeals for the Eleventh Circuit. The record is electronic and is available on PACER.
Jan 10, 2024
Record received from the United States District Court for the Southern District of Florida. The record is electronic and is available on PACER.
Jan 11, 2024
CIRCULATED.
Jan 12, 2024
Brief amicus curiae of Former Register of Copyrights Ralph Oman filed. (Distributed)
Jan 12, 2024
Brief amicus curiae of United States filed. (Distributed)
Jan 12, 2024
Brief amici curiae of The Authors Guild, Inc., et al. filed. (Distributed)
Jan 12, 2024
Brief amicus curiae of National Society of Entertainment & Arts Lawyers filed. (Distributed)
Jan 12, 2024
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 22, 2024
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 5, 2024
Reply of petitioners Warner Chappell Music, Inc., et al. filed. (Distributed)
Feb 21, 2024
Argued. For petitioners: Kannon K. Shanmugam, Washington, D. C. For respondents: Joe Wesley Earnhardt, New York, N. Y.; and Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
May 9, 2024
Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
Jun 10, 2024
JUDGMENT ISSUED.

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