Supreme Court Report

Supreme Court of the United States · Official docket →

King for Congress v. Laney Griner, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-3623, 23-2117 · judgment June 7, 2024


Certiorari denied · January 21, 2025
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and counsel who has filed here before.

Questions presented

  1. Does Fed.R.Civ.P. 68 allow a non-prevailing judgment-defendant to recover attorneys’ fees under this Court’s Marek decision pursuant to Copyright Law, which simultaneously defines attorneys’ fees as costs and awards costs to the prevailing party?

  2. Does an implied license test that requires an arms-length agreement between the copyright owner and the potential licensee conflict with the implied license test fashioned by this Court in De Forest?

Counsel of record

For petitioner
Patrick Michael McSweeney
McSweeney, Cynkar & Kachouroff, PLLC

For respondent
Stephen Michael Doniger
Doniger / Burroughs

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 21 2025
    Petition DENIED.
  2. Dec 31 2024
    DISTRIBUTED for Conference of 1/17/2025.
  3. Dec 12 2024
    Brief of respondents Laney Griner, et al. in opposition filed.
  4. Nov 12 2024
    Response Requested. (Due December 12, 2024)
  5. Nov 06 2024
    DISTRIBUTED for Conference of 11/22/2024.
  6. Sep 05 2024
    Petition for a writ of certiorari filed. (Response due October 21, 2024)