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Warner Chappell Music, Inc. v. Nealy

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Docket No. Op. Below Argument Opinion Vote Author Term
22-1078 11th Cir. Feb 21, 2024
 May 9, 2024 6-3 Kagan OT 2023

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 Justice Kagan on May 9, 2024. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 03 2023Petition for a writ of certiorari filed. (Response due June 5, 2023)
Jun 02 2023Brief amici curiae of Krystina L. Cavazos, et al. filed
Jun 05 2023Brief amici curiae of Recording Industry Association of America and National Music Publishers’ Association filed.
Jun 05 2023Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jun 05 2023Brief of respondents Sherman Nealy, et al. in opposition filed.
Jun 21 2023DISTRIBUTED for Conference of 9/26/2023.
Jun 21 2023Reply of petitioners Warner Chappell Music, Inc., et al. filed. (Distributed)
Sep 29 2023Petition 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 2023Motion for an extension of time file the briefs on the merits filed.
Oct 24 2023Motion to dispense with printing the joint appendix filed by petitioners Warner Chappell Music, Inc., et al.
Oct 31 2023Motion 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 06 2023Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Nov 27 2023Brief of petitioners Warner Chappell Music, Inc., et al. filed.
Dec 01 2023Brief amicus curiae of Tyler T. Ochoa in support of neither party filed.
Dec 01 2023Brief amici curiae of Southwestern Law Student Krystina Cavazos, et al. filed.
Dec 01 2023Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Dec 04 2023Brief amicus curiae of Association of American Publishers filed.
Dec 04 2023Brief amicus curiae of Recording Industry Association of America filed.
Dec 04 2023Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Dec 04 2023Brief amici curiae of Electronic Frontier Foundation, Authors Alliance, American Library Association an Association of Research Libraries filed.
Dec 04 2023Brief amicus curiae of McHale & Slavin, P.A. in support of neither party filed.
Jan 05 2024SET FOR ARGUMENT on Wednesday, February 21, 2024.
Jan 05 2024Brief of Sherman Nealy, et al. not accepted for filing. (January 09, 2024--Corrected PDF and hard copy served on 1/5/24.)
Jan 05 2024Brief of respondents Sherman Nealy, et al. filed.
Jan 08 2024Record requested from the United States Court of Appeals for the Eleventh Circuit.
Jan 09 2024Partial record received from the United States Court of Appeals for the Eleventh Circuit. The record is electronic and is available on PACER.
Jan 10 2024Record received from the United States District Court for the Southern District of Florida. The record is electronic and is available on PACER.
Jan 11 2024CIRCULATED.
Jan 12 2024Brief amicus curiae of Former Register of Copyrights Ralph Oman filed. (Distributed)
Jan 12 2024Brief amicus curiae of United States filed. (Distributed)
Jan 12 2024Brief amici curiae of The Authors Guild, Inc., et al. filed. (Distributed)
Jan 12 2024Brief amicus curiae of National Society of Entertainment & Arts Lawyers filed. (Distributed)
Jan 12 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 22 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 05 2024Reply of petitioners Warner Chappell Music, Inc., et al. filed. (Distributed)
Feb 21 2024Argued. 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 09 2024Adjudged 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 2024JUDGMENT ISSUED.