Lucky Brand Dungarees Inc. v. Marcel Fashions Group Inc. (Argued 01/13/2020)

When a plaintiff asserts new claims, can federal preclusion principles bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties?

Advocates:
Dale M. Cendali, for the petitioners
Michael B. Kimberly, for the respondent

Thole v. U.S. Bank, N.A. (Argued 01/13/2020)

Must a plaintiff demonstrate individual financial loss or the imminent risk of financial loss in an ERISA plan in order to seek injunctive relief or restoration of plan losses caused by fiduciary breach?

Advocates:
Peter K. Stris, for the petitioners
Sopan Joshi, Assistant to the Solicitor General, Department of Justice, for the United States, as amicus curiae, supporting the petitioners
Joseph R. Palmore, for the respondents

Romag Fasteners, Inc. v. Fossil, Inc. (Argued 01/14/2020)

Does Section 35 of the Lanham Act require a showing of willful infringement for a plaintiff to be awarded an infringer’s profits for a violation of Section 43(a)?

Advocates:
Lisa S. Blatt, for the petitioner
Neal Kumar Katyal, for the respondents

Kelly v. United States (Argued 01/14/2020)

Does a public official “defraud” the government of its property by advancing a “public policy reason” for an official decision that is not her subjective “real reason” for making the decision?

Advocates:
Jacob M. Roth, for the petitioner
Michael Levy, for respondent William Baroni, supporting the petitioner
Eric J. Feigin, Deputy Solicitor General, Department of Justice, for the respondent

Babb v. Wilkie (Argued 01/15/2020)

Does the provision of the Age Discrimination in Employment Act of 1967 (ADEA) that protects federal employees aged 40 years from age discrimination require a plaintiff to prove that age was a but-for cause of the challenged personnel action?

Advocates:
Roman Martinez, for the petitioner
Noel J. Francisco, Solicitor General, Department of Justice, for the respondent