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 | 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
- Opinion analysis: Court unanimously reverses 2nd Circuit on “defense preclusion,” but on very narrow grounds (Megan La Belle, May 14, 2020)
- Live blog of opinions (Update: Completed) (Kalvis Golde, May 14, 2020)
- Argument analysis: Justices concerned about the practical impact of “defense preclusion” (Megan La Belle, January 14, 2020)
- Argument preview: Justices will decide whether res judicata includes “defense preclusion” (Megan La Belle, January 6, 2020)
- Court releases January calendar (Amy Howe, November 8, 2019)
- Petitions of the week (Aurora Barnes, March 22, 2019)
| Date | Proceedings and Orders |
|---|---|
| Dec 07 2018 | 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. |
| Dec 10 2018 | Application (18A600) granted by Justice Ginsburg extending the time to file until February 15, 2019. |
| Feb 15 2019 | Petition for a writ of certiorari filed. (Response due March 25, 2019) |
| Mar 06 2019 | Waiver of right of respondent Marcel Fashions, Inc. to respond filed. |
| Mar 27 2019 | DISTRIBUTED for Conference of 4/12/2019. |
| Apr 01 2019 | Response Requested. (Due May 1, 2019) |
| Apr 30 2019 | Motion to extend the time to file a response from May 1, 2019 to May 31, 2019, submitted to The Clerk. |
| May 01 2019 | Motion to extend the time to file a response is granted and the time is extended to and including May 31, 2019. |
| May 31 2019 | Letter from counsel for petitioner waiving the 14-day waiting period under Rule 15.5 filed. |
| May 31 2019 | Brief of respondent Marcel Fashion Group, Inc. in opposition filed. |
| Jun 04 2019 | DISTRIBUTED for Conference of 6/20/2019. |
| Jun 04 2019 | Reply of petitioners Lucky Brands Dungarees, Inc., et al. filed. (Distributed) |
| Jun 26 2019 | DISTRIBUTED for Conference of 6/27/2019. |
| Jun 28 2019 | Petition GRANTED. |
| Jul 12 2019 | Motion for an extension of time filed. |
| Jul 18 2019 | 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. |
| Sep 11 2019 | Joint appendix filed. |
| Sep 11 2019 | Brief of petitioners Lucky Brands Dungarees, Inc., et al. filed. |
| Nov 08 2019 | SET FOR ARGUMENT on Monday, January 13, 2020. |
| Nov 12 2019 | Brief of respondent Marcel Fashions Group, Inc. filed. |
| Nov 26 2019 | CIRCULATED |
| Dec 03 2019 | Record requested from the U.S.C.A. 2nd Circuit. |
| Dec 04 2019 | The record from the U.S.C.A. 2nd Circuit is electronically filed. |
| Dec 12 2019 | Reply of petitioners Lucky Brands Dungarees, Inc., et al. filed. (Distributed) |
| Jan 13 2020 | Argued. For petitioners: Dale Cendali, New York, N. Y. For respondent: Michael B. Kimberly, Washington, D. C. |
| May 14 2020 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. |
| Jun 15 2020 | JUDGMENT ISSUED. |
