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Frederick L. Allen, et al. v. Roy A. Cooper, III, Governor of North Carolina, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-1522, 17-1602 · judgment July 10, 2018

Decided · March 23, 2020
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act, Pub. L. No. 101-553, 104 Stat. 2749 (1990), in providing remedies for authors of original expression whose federal copyrights are infringed by States.

Counsel of record

For petitioner
Derek L. Shaffer
Quinn Emanuel Urquhart & Sullivan, LLP

For respondent
Matthew W. Sawchak
Robinson Bradshaw & Hinson, P.A.

Case

Conference history
Distributed for 3 conferences

Amicus briefs
3 cert-stage · 18 merits
(13 supporting pet./neither, 5 respondent)

Argument & decision

Argued November 5, 2019 — Derek L. Shaffer · Ryan Park. Audio and transcript

Decided March 23, 2020. Opinion by Kagan.

Proceedings

  1. Apr 24 2020
    JUDGMENT ISSUED.
  2. Mar 23 2020
    Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Gorsuch, and Kavanaugh, JJ., joined, and in which Thomas, J., joined except for the final paragraph in Part II-A and the final paragraph in Part II-B. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Breyer, J., filed an opinion concurring in the judgment, in which Ginsburg, J., joined.
  3. Nov 05 2019
    Argued. For petitioners: Derek L. Shaffer, Washington, D. C. For respondents: Ryan Park, Deputy Solicitor General, Raleigh, N. C.
  4. Oct 18 2019
    Reply of petitioners Frederick L. Allen, et al. filed. (Distributed)
  5. Sep 27 2019
    Brief amici curiae of Association of Public and Land-Grant Universities, et al. filed. (Distributed)
  6. Sep 27 2019
    Brief amici curiae of American Library Association, et al. filed. (Distributed)
  7. Sep 27 2019
    Brief amici curiae of State of West Virginia and 30 Other States filed. (Distributed)
  8. Sep 27 2019
    Brief amicus curiae of Professor Simone Rose filed. (Distributed)
  9. Sep 26 2019
    Brief amici curiae of Law Professors filed. (Distributed)
  10. Sep 20 2019
    Brief of respondents Roy A. Cooper, III, Governor of North Carolina, et al. filed. (Distributed)
  11. Sep 17 2019
    Record received from the U.S.C.A. 4th Circuit is electronic and located on PACER. The record is complete, there are no sealed materials, paper filings, or exhibits in this record.
  12. Sep 16 2019
    Record requested from the U.S.C.A. 4th Circuit.
  13. Sep 03 2019
    CIRCULATED
  14. Aug 13 2019
    Brief amicus curiae of Oracle America, Inc. filed.
  15. Aug 13 2019
    Brief amicus curiae of Ralph Oman filed.
  16. Aug 13 2019
    Brief amici curiae of Public Law Scholars filed.
  17. Aug 13 2019
    Brief amicus curiae of Washington Legal Foundation filed.
  18. Aug 13 2019
    Brief amicus curiae of Constitutional Accountability Center filed.
  19. Aug 13 2019
    Brief amicus curiae of Software & Information Industry Association.
  20. Aug 13 2019
    Brief amici curiae of American Society of Media Photographers, et al. filed.
  21. Aug 13 2019
    Brief amici curiae of Recording Industry Association of America, et al. filed.
  22. Aug 13 2019
    Brief amici curiae of The Copyright Alliance; The Chamber of Commerce of the United States filed.
  23. Aug 13 2019
    Brief amicus curiae of Intellectual Property Law Association of Chicago filed.
  24. Aug 13 2019
    Brief amicus curiae of Dow Jones & Company, Inc. filed.
  25. Aug 13 2019
    Brief amici curiae of Law Professors filed.
  26. Aug 12 2019
    Brief amicus curiae of The Association of the Bar of the City of New York in support of neither party filed.
  27. Aug 06 2019
    Brief of petitioners Frederick L. Allen, et al. filed.
  28. Jul 08 2019
    SET FOR ARGUMENT on Tuesday, November 5, 2019.
  29. Jun 26 2019
    Joint motion to extend the time to file the briefs on the merits granted. The time to file petitioners' brief on the merits is extended to and including August 6, 2019. The time to file respondents' brief on the merits is extended to and including September 20, 2019.
  30. Jun 24 2019
    Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
  31. Jun 24 2019
    Blanket Consent filed by Petitioners, Frederick L. Allen, et al.
  32. Jun 24 2019
    Blanket Consent filed by Respondent, Roy A. Cooper, III, Governor of North Carolina, et al.
  33. Jun 18 2019
    Motion to dispense with printing the joint appendix filed by petitioners Frederick L. Allen, et al.
  34. Jun 18 2019
    Joint motion for an extension of time to file the briefs on the merits filed.
  35. Jun 03 2019
    Petition GRANTED.
  36. May 28 2019
    DISTRIBUTED for Conference of 5/30/2019.
  37. May 07 2019
    DISTRIBUTED for Conference of 5/23/2019.
  38. May 02 2019
    Reply of petitioners Frederick L. Allen, et al. filed.
  39. Apr 22 2019
    Brief of respondents Roy A. Cooper, III, Governor of North Carolina, et al. in opposition filed.
  40. Feb 25 2019
    Motion to extend the time to file a response is granted and the time is extended to and including April 22, 2019.
  41. Feb 20 2019
    Motion to extend the time to file a response from March 21, 2019 to April 22, 2019, submitted to The Clerk.
  42. Feb 19 2019
    Response Requested. (Due March 21, 2019)
  43. Feb 13 2019
    DISTRIBUTED for Conference of 3/1/2019.
  44. Feb 07 2019
    Brief amicus curiae of Ralph Oman filed.
  45. Feb 07 2019
    Brief amici curiae of David Nimmer, et al. filed.
  46. Feb 07 2019
    Brief amicus curiae of Recording Industry Association of America filed.
  47. Feb 04 2019
    Waiver of right of respondents Roy A. Cooper, III, Governor of North Carolina, et al. to respond filed.
  48. Jan 04 2019
    Petition for a writ of certiorari filed. (Response due February 7, 2019)
  49. Oct 19 2018
    Application (18A412) granted by The Chief Justice extending the time to file until January 6, 2019.
  50. Oct 18 2018
    Application (18A412) to extend the time to file a petition for a writ of certiorari from November 7, 2018 to January 6, 2019, submitted to The Chief Justice.
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