business law homework . short essay question

Kimble v. Marvel Entertainment LLC 

Your assignment, should you choose to accept, is to go to the website of the United States Supreme Court (www.supremecourt.gov).    Find the link to the Kimble v. Marvel Entertainment LLC case.  Read the entire case and then answer the questions below.

(Note: Cut and paste these questions.  Post the appropriate response after each question.  Submit a hard copy.)

1. The case is subtitled “Certiorari to the United States Court of Appeals for the Ninth Circuit.”  What is the meaning of “Certiorari”?
2. Justice Kagan wrote the majority opinion for the court. Which Justices joined her?

1. Summarize the facts of the case – in your own words. Address these questions:
   1. Identify the parties?
   2. What product is at issue? Is it still for sale?
   3. How much money was Kimble to receive under the terms so of the settlement agreement?  What was the royalty?
   4. What change did Marvel later want to make to the settlement agreement that landed this matter in the Supreme Court?
   5. Who would win a fight between Spiderman and Iron Man?
2. Was the underlying case a civil action or criminal action?
3. Was the initial lawsuit filed in federal court or state court?  Why?
4. What was the decision of the Ninth Circuit Court of Appeal?  What reasoning did they give for their decision? (Your own words.)              

1. In the opening paragraph of the majority opinion Justice Kagan refers to Brulotte v. Thys Co., 379 U. S. 29 (1964), an earlier Supreme Court case. In your own words, in five sentences or fewer, give a summary of the facts as well as the decision in that case.
   
   
2. Why does the majority believe that the Brulotte decision is relevant here?
3. On page 2 of the majority opinion we see that one party seeks declaratory judgment.  What is a “declaratory judgment”?  Which party is seeking that?  Why?
   
   
4. On page 4 of the majority opinion the court discusses Scott Paper Co. v. Marcalus Mfg. Co., 326 U. S. 249 (1945).  What happened in that case?  Why is this relevant?
   
   
5. The majority discusses “royalties” on page 5 of their opinion.  What is a “royalty”?
   
   
6. The majority discusses “ways around the Brulotte decision” on page 6. What do they mean? And what methods do they discuss?
   
   
7. On page 7 of the majority opinion the court discusses the concept of “stare decisis.” What is “stare decisis”? Why do they consider this so important in this case? How can it save money for litigants?
   
   
8. The majority on page 7 writes the following:  Justice Brandeis famously wrote, that it is usually “more important that the applicable rule of law be settled than that it be settled right.” Burnet v. Coronado Oil & Gas Co., 285. What does this mean?
   
   
9. Page 8 includes a discussion of the role of Congress in helping resolve this issue.  What are they saying is the role of Congress?
   
   
10. The majority on page 16 addresses Kimble’s argument that innovation will suffer if the court rules against him. How does the majority address that?
    
    
11. Justice Alito wrote the dissenting opinion. Who joined him?
    
    
12. One page 1 of the dissenting opinion the minority addresses “stare decisis.”  What point are they attempting to make?
    
    
13. On page 4 of the dissenting opinion the justices address the argument of the majority that alternatives exist to working around Brulotte.  What is their response?
    
    
14. Do you agree with the majority opinion or the dissent?  Why?