Ganoza Comments on Oral Arguments in Trademark Case

14 January 2020 IP Watchdog News
Partner Laura Ganoza was quoted in an IP Watchdog article, “Lucky Brand Oral Arguments: SCOTUS Likely to Reverse Second Circuit Claim Preclusion Rule,” about a pending Supreme Court decision with far-reaching implications on the question of what constitutes a single cause of action.
Ganoza said she thinks whether the justices uphold the Second Circuit’s articulation of the rule on defense preclusion will depend on whether the subsequent lawsuit involved new claims or the same claims as before. “It seemed to me that the justices were loath to affirm what they thought was an outlier decision of the Second Circuit if these really are new claims,” she said.