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RADesign, Inc., et al. v. Michael Grecco Productions, Inc.

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-1078 · judgment August 16, 2024


Certiorari denied · June 16, 2025
Pre-decision estimate: 13% cert probability (95% interval 8%–20%)

Before the decision, about 3.1× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Second Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.

Question presented

Whether a claim “accrue[s]” under the Copyright Act’s statute of limitations for civil actions, 17 U.S.C. 507(b), when the infringement occurs (the “injury rule”) or when a plaintiff discovers or reasonably should have discovered the infringement (the “discovery rule”). (i)

Counsel of record

For petitioner
Zachary D. Tripp
Weil, Gotshal & Manges LLP

For respondent
Vincent Gregory Levy
Holwell Shuster & Goldberg, LLP

Case

Conference history
Distributed for 4 conferences

Amicus briefs
5 cert-stage

Proceedings

  1. Jun 16 2025
    Petition DENIED.
  2. Jun 09 2025
    DISTRIBUTED for Conference of 6/12/2025.
  3. Jun 03 2025
    Rescheduled.
  4. Jun 02 2025
    DISTRIBUTED for Conference of 6/5/2025.
  5. May 28 2025
    Rescheduled.
  6. May 13 2025
    DISTRIBUTED for Conference of 5/29/2025.
  7. May 12 2025
    Reply of petitioners RADesign, Inc., et al. filed. (Distributed)
  8. Apr 25 2025
    Brief of respondent Michael Grecco Productions, Inc. in opposition filed.
  9. Mar 26 2025
    Brief amici curiae of American Apparel & Footwear Association, et al. filed.
  10. Mar 26 2025
    Brief amicus curiae of Klema Law, PL filed.
  11. Mar 11 2025
    Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2025.
  12. Mar 10 2025
    Motion to extend the time to file a response from March 26, 2025 to April 25, 2025, submitted to The Clerk.
  13. Feb 24 2025
    Response Requested. (Due March 26, 2025)
  14. Feb 19 2025
    DISTRIBUTED for Conference of 3/7/2025.
  15. Feb 18 2025
    Brief amici curiae of Indiana Pacers, et al. filed. (Distributed)
  16. Feb 18 2025
    Brief amicus curiae of Professor Tyler Ochoa filed. (Distributed)
  17. Feb 17 2025
    Waiver of right of respondent Michael Grecco Productions, Inc. to respond filed.
  18. Feb 14 2025
    Brief amicus curiae of McHale & Slavin, P.A. filed. (Distributed)
  19. Jan 15 2025
    Petition for a writ of certiorari filed. (Response due February 18, 2025)