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Grande Communications Networks, LLC v. UMG Recordings, Incorporated, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-50162 · judgment October 9, 2024


GVR'd · April 6, 2026
Pre-decision estimate: 7% cert probability (95% interval 4%–10%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a business petitioner.

Question presented

This case presents an exceptionally important question under the Copyright Act. It involves a nationwide litigation campaign by the U.S. recording industry to impose massive liability on internet-service providers (ISPs)—for supplying content-neutral internet access to arm’s-length customers who unilaterally engage in copyright violations. The question presented is: Whether an ISP is liable for contributory copyright infringement by (i) providing content-neutral internet access to the general public and (ii) failing to terminate that access after receiving two third-party notices alleging someone at a customer’s IP address has infringed. (I)

Counsel of record

For petitioner
Daniel L. Geyser
Haynes and Boone, LLP

For respondent
Paul D. Clement
Clement & Murphy, PLLC

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. May 08 2026
    Judgment issued.
  2. Apr 06 2026
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Cox Communications, Inc. v. Sony Music Entertainment, 607 U. S. ___ (2026).
  3. Mar 30 2026
    DISTRIBUTED for Conference of 4/2/2026.
  4. Jun 10 2025
    DISTRIBUTED for Conference of 6/26/2025.
  5. Jun 06 2025
    Rescheduled.
  6. Jun 03 2025
    Reply of petitioner Grande Communications Networks, LLC filed. (Distributed)
  7. May 27 2025
    DISTRIBUTED for Conference of 6/12/2025.
  8. May 09 2025
    Brief of respondents UMG Recordings, Inc., et al. in opposition filed.
  9. Apr 07 2025
    Motion to extend the time to file a response is granted and the time is extended to and including May 9, 2025.
  10. Apr 04 2025
    Motion to extend the time to file a response from April 9, 2025 to May 9, 2025, submitted to The Clerk.
  11. Mar 06 2025
    Petition for a writ of certiorari filed. (Response due April 9, 2025)