Supreme Court of the United States · Official docket →
Broadcast Music, Inc. v. North American Concert Promoters Association
Paid petition · United States Court of Appeals for the Second Circuit, No. 23-935, 23-1004 · judgment February 24, 2026
(petition-stage, structural)
About 3.7× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a circuit split argued in the petition, and a Second Circuit decision below.
Question presented
Fair-market valuations turn on nuanced and recordbound factual determinations. This case involves a quintessential example: the rate paid to songwriters, composers, and publishers for public performances of their music at live concerts. Until now, the circuits have uniformly applied deferential, clear-error review to district courts’ fair-market valuations. In the decision below, however, the Second Circuit parted from its sister circuits and reviewed a fair-market-value determination and the individual components of that determination under an improperly stringent de novo standard. As this Court made clear in U.S. Bank National Association ex rel. CWCapital Asset Management LLC v. Village at Lakeridge, LLC, 583 U.S. 387 (2018), that approach to reviewing predominantly factual questions is erroneous. Moreover, it splits with the D.C., First, Third, Fourth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits, all of which have appropriately applied deferential standards of review to comparable fair-market-value determinations in various contexts. The question presented is: Whether a district court’s fair-market-value determination and its component parts, such as the selection of benchmark agreements, should be reviewed de novo or for clear error.
Counsel of record
For petitioner
Lisa S. Blatt
Williams & Connolly LLP
For respondent
Andrew Michael Gass
Latham & Watkins LLP
Proceedings
- Oct 13 2026Brief amici curiae of National Music Publishers’ Association, et al. filed.
- Oct 13 2026Brief amicus curiae of Songwriters of North America filed.
- Sep 16 2026Motion to extend the time to file a response is granted and the time is extended to and including November 2, 2026.
- Sep 15 2026Motion to extend the time to file a response from October 13, 2026 to November 2, 2026, submitted to The Clerk.
- Sep 10 2026Response Requested. (Due October 13, 2026)
- Sep 09 2026Brief amicus curiae of American Society of Composers, Authors and Publishers filed.
- Sep 02 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 26 2026Waiver of right of respondent North American Concert Promoters Association to respond filed.
- Aug 20 2026Petition for a writ of certiorari filed. (Response due September 23, 2026)
- Jun 25 2026Application (25A1437) granted by Justice Sotomayor extending the time to file until August 20, 2026.
- Jun 19 2026Application (25A1437) to extend the time to file a petition for a writ of certiorari from July 5, 2026 to August 20, 2026, submitted to Justice Sotomayor.