Amicus Brief in Support of Respondents: Petrella v. Metro-Goldwyn-Mayer, United States Supreme Court

Abstract

Judges wield discretion when ruling on all manner of legal and equitable issues. For centuries, judges have relied on their discretion when considering whether an equitable defense barred actions seeking legal relief. As part of that process, courts have incorporated many equitable defenses into the law. This trend is known as “fusion.” And common-law legal systems throughout the world have experienced fusion — from the United States to England to Australia. This concept is important because it informs much of our modern jurisprudence: “The evolution of law is to a large extent the history of its absorption of equity.” This Court should hold that federal courts have the discretion to apply laches to requests for legal relief under the Copyright Act. Additionally, the Court ought to clarify the circumstances that federal courts should consider when exercising this discretion. In particular, this Court should hold that laches is a viable defense to claims arising under the Copyright Act where the operation of the separate accrual rule would allow the limitations period to run indefinitely.