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Decided

Reed Elsevier v. Muchnick

Docket No.08-103
Op. Below2nd Circuit
ArgumentJul 10, 2009

Holding

A copyright holder must register her work with the Copyright Office before suing for copyright infringement. However, the failure of some copyright holders to register does not stop a federal court from deciding a class-action lawsuit for copyright infringement so long as some holders involved in the lawsuit did register.

Judgment

Reversed and remanded, 8-0, in an opinion by Clarence Thomas on Feb 3, 2010. Justice Ginsburg, joined by Justices Stevens and Breyer, filed an opinion concurring in part and concurring in the judgment. Justice Sotomayor took no part in the proceedings.

Merits Briefs

Amicus Briefs

[##CERT-STAGE##]

Proceedings & orders timeline

Jun 4, 2008
Application (07A967) to extend the time to file a petition for a writ of certiorari from July 14, 2008 to August 13, 2008, submitted to Justice Ginsburg.
Jun 9, 2008
Application (07A967) granted by Justice Ginsburg extending the time to file until August 13, 2008.
Jul 22, 2008
Petition for a writ of certiorari filed. (Response due August 25, 2008)
Aug 8, 2008
Brief of respondents Letty Cottin Pogrebin, et al. in support filed.
Aug 19, 2008
Waiver of right of respondents Irvin Muchnick, et al. to respond filed.
Sep 10, 2008
DISTRIBUTED for Conference of September 29, 2008.
Sep 18, 2008
Response Requested . (Due October 20, 2008)
Oct 16, 2008
Response to petition from respondents Irvin Muchnick, et al. filed.
Oct 28, 2008
Reply of petitioners Reed Elsevier, Inc., et al. filed. (Distributed)
Oct 29, 2008
DISTRIBUTED for Conference of November 14, 2008.
Nov 20, 2008
DISTRIBUTED for Conference of November 25, 2008.
Dec 1, 2008
DISTRIBUTED for Conference of December 5, 2008.
Dec 8, 2008
DISTRIBUTED for Conference of December 12, 2008.
Jan 5, 2009
DISTRIBUTED for Conference of January 9, 2009.
Jan 12, 2009
DISTRIBUTED for Conference of January 16, 2009.
Jan 21, 2009
DISTRIBUTED for Conference of January 23, 2009.
Feb 17, 2009
DISTRIBUTED for Conference of February 20, 2009.
Feb 23, 2009
DISTRIBUTED for Conference of February 27, 2009.
Mar 2, 2009
Petition GRANTED limited to the following Question: Does 17 U. S. C. Sec. 411(a) restrict the subject matter jurisdiction of the federal courts over copyright infringement actions?.
Mar 12, 2009
The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including May 18, 2009.
Apr 2, 2009
Deborah Jones Merritt, Esq., of Columbus, Ohio, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Apr 6, 2009
The time for respondent Muchnick, et al. within which to file their brief on the merits in support of reversal is extended to and including June 1, 2009.
Apr 6, 2009
The time within which to file brief of amicus curiae in support of the judgment below is extended to and including July 31, 2009.
Apr 6, 2009
Any amicus curiae briefs in support of reversal are to be filed on or before June 8, 2009.
Apr 6, 2009
Any amicus briefs in support of the judgment below are to be filed on or before August 7, 2009.
May 18, 2009
Brief of respondents Letty Cottin Pogrebin, et al. in support filed.
May 18, 2009
Joint appendix filed (statement of costs received).
May 18, 2009
Brief of petitioners Reed Elsevier, Inc., et al. filed.
Jun 1, 2009
Brief of Muchnick respondents filed.
Jun 2, 2009
Letter dated June 2, 2009 received from counsel for Amicus Curiae in support of Judgment Below. (Distributed).
Jun 8, 2009
Brief amicus curiae of United States in support of vacatur and remand filed.
Jun 8, 2009
Brief amicus curiae of American Intellectual Property Law Association filed.
Jun 8, 2009
Brief amici curiae of Media Publishers and Organizations filed.
Jul 10, 2009
The time within which to file brief of amicus curiae in support of the judgment below is further extended to and including August 19, 2009.
Jul 10, 2009
Any amicus briefs in support of the judgment below are now to be filed on or before August 26, 2009.
Jul 16, 2009
SET FOR ARGUMENT ON Wednesday, October 7, 2009.
Jul 30, 2009
CIRCULATED.
Aug 7, 2009
Record received from U.S.C.A. for Second Circuit. (1 box)
Aug 11, 2009
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 19, 2009
Brief of Court Appointed amicus curiae in support of the judgment below filed. (Distributed)
Aug 26, 2009
Brief amici curiae of Computer & Communications Industry Association, and NetCoalition filed. (Distributed)
Sep 4, 2009
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion.
Sep 11, 2009
Supplemental brief of respondents Irvin Muchnick, et al. filed. (Distributed)
Sep 18, 2009
Reply of respondents Letty Cottin Pogrebin, et al. in support filed. (Distributed)
Sep 18, 2009
Reply of petitioners Reed Elsevier, Inc., et al. filed. (Distributed)
Oct 7, 2009
Argued. For petitioners: Charles S. Sims, New York, N.Y.; and Ginger Anders, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For amicus curiae in support of the judgment below: Deborah Jones Merritt, Columbus, Ohio (Appointed by this Court.)
Mar 2, 2010
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Alito, JJ., joined. Ginsburg, J., filed an opinion concurring in part and concurring in the judgment, in which Stevens and Breyer, JJ., joined. Sotomayor, J., took no part in the consideration or decision of the case.
Apr 5, 2010
JUDGMENT ISSUED.
Jul 27, 2010
Record returned to the U.S.C.A. Second Ciruit.
Aug 2, 2010
Record returned to U.S.D.C. of Southern District Court of New York.

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