Warner Chappell Music, Inc. v. Nealy
| 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.
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| Date | Proceedings and Orders |
|---|---|
| 05/03/2023 | Petition for a writ of certiorari filed. (Response due June 5, 2023) |
| 06/02/2023 | Brief amici curiae of Krystina L. Cavazos, et al. filed |
| 06/05/2023 | Brief amici curiae of Recording Industry Association of America and National Music Publishers" Association filed. |
| 06/05/2023 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| 06/05/2023 | Brief of respondents Sherman Nealy, et al. in opposition filed. |
| 06/21/2023 | DISTRIBUTED for Conference of 9/26/2023. |
| 06/21/2023 | Reply of petitioners Warner Chappell Music, Inc., et al. filed. (Distributed) |
| 09/29/2023 | 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. |
| 10/24/2023 | Motion for an extension of time file the briefs on the merits filed. |
| 10/24/2023 | Motion to dispense with printing the joint appendix filed by petitioners Warner Chappell Music, Inc., et al. |
| 10/31/2023 | 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. |
| 11/06/2023 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| 11/27/2023 | Brief of petitioners Warner Chappell Music, Inc., et al. filed. |
| 12/01/2023 | Brief amicus curiae of Tyler T. Ochoa in support of neither party filed. |
| 12/01/2023 | Brief amici curiae of Southwestern Law Student Krystina Cavazos, et al. filed. |
| 12/01/2023 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| 12/04/2023 | Brief amicus curiae of Association of American Publishers filed. |
| 12/04/2023 | Brief amicus curiae of Recording Industry Association of America filed. |
| 12/04/2023 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| 12/04/2023 | Brief amici curiae of Electronic Frontier Foundation, Authors Alliance, American Library Association an Association of Research Libraries filed. |
| 12/04/2023 | Brief amicus curiae of McHale & Slavin, P.A. in support of neither party filed. |
| 01/05/2024 | SET FOR ARGUMENT on Wednesday, February 21, 2024. |
| 01/05/2024 | Brief of Sherman Nealy, et al. not accepted for filing. (January 09, 2024--Corrected PDF and hard copy served on 1/5/24.) |
| 01/05/2024 | Brief of respondents Sherman Nealy, et al. filed. |
| 01/08/2024 | Record requested from the United States Court of Appeals for the Eleventh Circuit. |
| 01/09/2024 | Partial record received from the United States Court of Appeals for the Eleventh Circuit. The record is electronic and is available on PACER. |
| 01/10/2024 | Record received from the United States District Court for the Southern District of Florida. The record is electronic and is available on PACER. |
| 01/11/2024 | CIRCULATED. |
| 01/12/2024 | Brief amicus curiae of Former Register of Copyrights Ralph Oman filed. (Distributed) |
| 01/12/2024 | Brief amicus curiae of United States filed. (Distributed) |
| 01/12/2024 | Brief amici curiae of The Authors Guild, Inc., et al. filed. (Distributed) |
| 01/12/2024 | Brief amicus curiae of National Society of Entertainment & Arts Lawyers filed. (Distributed) |
| 01/12/2024 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 01/22/2024 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 02/05/2024 | Reply of petitioners Warner Chappell Music, Inc., et al. filed. (Distributed) |
| 02/21/2024 | 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.) |
| 05/09/2024 | Adjudged to be AFFIRMED. Kagan, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-1078_4gci.pdf'>opinion</a> 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. |
| 06/10/2024 | JUDGMENT ISSUED. |