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Lucky Brand Dungarees, Inc., et al. v. Marcel Fashions Group, Inc.
Paid petition · United States Court of Appeals for the Second Circuit, No. 17-0361-cv · judgment August 2, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In serial litigation between two parties, timetested principles of claim preclusion and issue preclusion govern when parties mayand may not litigate issues that were, or could have been, litigated in a prior case. This Court has held that, in a subsequent case between the same parties involving different claims from those litigated in the earlier case, the defendant is free to raise defenses that were not litigated in the earlier case, even though they could have been. The Federal Circuit, Eleventh Circuit, and Ninth Circuit have all held the same in recent years. Their reasoning is straightforward: Claim preclusion does not bar such defenses, because the claims in the second case arise from different transactions and occurrences from the first case, and issue preclusion does not bar them either, because they were never actually litigated. The Second Circuit, however, has now held the opposite. Under the Second Circuit's "defense preclusion" rule, defendants are barred from raising such defenses even if the plaintiff’s claims are distinct from those asserted in the prior case and the defenses were never actually litigated. The question presented is: 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.
Counsel of record
For petitioner
Dale M. Cendali
Kirkland & Ellis LLP
For respondent
Michael B. Kimberly
McDermott Will & Emery LLP
Case
Conference history
Distributed for 3 conferences
Argument & decision
Argued January 13, 2020 — Dale Cendali · Michael B. Kimberly. Audio and transcript
Decided May 14, 2020. Opinion by Sotomayor.
Proceedings
- Jun 15 2020JUDGMENT ISSUED.
- May 14 2020Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
- Jan 13 2020Argued. For petitioners: Dale Cendali, New York, N. Y. For respondent: Michael B. Kimberly, Washington, D. C.
- Dec 12 2019Reply of petitioners Lucky Brands Dungarees, Inc., et al. filed. (Distributed)
- Dec 04 2019The record from the U.S.C.A. 2nd Circuit is electronically filed.
- Dec 03 2019Record requested from the U.S.C.A. 2nd Circuit.
- Nov 26 2019CIRCULATED
- Nov 12 2019Brief of respondent Marcel Fashions Group, Inc. filed.
- Nov 08 2019SET FOR ARGUMENT on Monday, January 13, 2020.
- Sep 11 2019Joint appendix filed.
- Sep 11 2019Brief of petitioners Lucky Brands Dungarees, Inc., et al. filed.
- Jul 18 2019Joint 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.
- Jul 12 2019Motion for an extension of time filed.
- Jun 28 2019Petition GRANTED.
- Jun 26 2019DISTRIBUTED for Conference of 6/27/2019.
- Jun 04 2019DISTRIBUTED for Conference of 6/20/2019.
- Jun 04 2019Reply of petitioners Lucky Brands Dungarees, Inc., et al. filed. (Distributed)
- May 31 2019Letter from counsel for petitioner waiving the 14-day waiting period under Rule 15.5 filed.
- May 31 2019Brief of respondent Marcel Fashion Group, Inc. in opposition filed.
- May 01 2019Motion to extend the time to file a response is granted and the time is extended to and including May 31, 2019.
- Apr 30 2019Motion to extend the time to file a response from May 1, 2019 to May 31, 2019, submitted to The Clerk.
- Apr 01 2019Response Requested. (Due May 1, 2019)
- Mar 27 2019DISTRIBUTED for Conference of 4/12/2019.
- Mar 06 2019Waiver of right of respondent Marcel Fashions, Inc. to respond filed.
- Feb 15 2019Petition for a writ of certiorari filed. (Response due March 25, 2019)
- Dec 10 2018Application (18A600) granted by Justice Ginsburg extending the time to file until February 15, 2019.
- Dec 07 2018Application (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.