No. 18-1086
Lucky Brand Dungarees, Inc., et al. v. Marcel Fashions Group, Inc.
Tags: circuit-split civil-procedure claim-preclusion defense-preclusion due-process fairness-to-defendants federal-rules federal-rules-of-civil-procedure issue-preclusion res-judicata
Key Terms:
ERISA Trademark Patent
ERISA Trademark Patent
Latest Conference:
2019-06-27
(distributed 3 times)
Question Presented (from Petition)
Whether, when a plaintiff asserts new claims, federal preclusion principles can bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties.
Question Presented (AI Summary)
Whether federal preclusion principles can bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties
Docket Entries
2020-06-15
JUDGMENT ISSUED.
2020-05-14
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-1086_new_5ifl.pdf'>opinion</a> for a unanimous Court.
2020-01-13
Argued. For petitioners: Dale Cendali, New York, N. Y. For respondent: Michael B. Kimberly, Washington, D. C.
2019-12-12
Reply of petitioners Lucky Brands Dungarees, Inc., et al. filed. (Distributed)
2019-12-04
The record from the U.S.C.A. 2nd Circuit is electronically filed.
2019-12-03
Record requested from the U.S.C.A. 2nd Circuit.
2019-11-26
CIRCULATED
2019-11-12
Brief of respondent Marcel Fashions Group, Inc. filed.
2019-11-08
SET FOR ARGUMENT on Monday, January 13, 2020.
2019-09-11
Brief of petitioners Lucky Brands Dungarees, Inc., et al. filed.
2019-09-11
Joint appendix filed.
2019-07-18
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.
2019-07-12
Motion for an extension of time filed.
2019-06-28
Petition GRANTED.
2019-06-26
DISTRIBUTED for Conference of 6/27/2019.
2019-06-04
Reply of petitioners Lucky Brands Dungarees, Inc., et al. filed. (Distributed)
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-05-31
Brief of respondent Marcel Fashion Group, Inc. in opposition filed.
2019-05-31
Letter from counsel for petitioner waiving the 14-day waiting period under Rule 15.5 filed.
2019-05-01
Motion to extend the time to file a response is granted and the time is extended to and including May 31, 2019.
2019-04-30
Motion to extend the time to file a response from May 1, 2019 to May 31, 2019, submitted to The Clerk.
2019-04-01
Response Requested. (Due May 1, 2019)
2019-03-27
DISTRIBUTED for Conference of 4/12/2019.
2019-03-06
Waiver of right of respondent Marcel Fashions, Inc. to respond filed.
2019-02-15
Petition for a writ of certiorari filed. (Response due March 25, 2019)
2018-12-10
Application (18A600) granted by Justice Ginsburg extending the time to file until February 15, 2019.
2018-12-07
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.
Attorneys
Lucky Brands Dungarees, Inc., et al.
Dale M. Cendali — Kirkland & Ellis LLP, Petitioner
Marcel Fashions Group, Inc.
Michael B. Kimberly — McDermott Will & Emery, Respondent
Olivera Medenica — Dunnington Bartholow & Miller LLP, Respondent
Marcel Fashions, Inc.
Louis R. Gigliotti — Louis R. Gigliotti, PA, Respondent