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67 Vand. L. Rev. En Banc 1 (2014)

handle is hein.journals/valewenb67 and id is 1 raw text is: A Little Bit of Laches Goes a Long Way: Notes on Petrella v. Metro-Goldwyn-Mayer, Inc. Samuel L. Bray* I. IN TR O D U CTIO N ...................................................................... 1 II. LACHES IS AND SHOULD BE AN EQUITABLE DEFENSE ............ 2 III. LACHES IN AN AGE OF STATUTES OF LIMITATION ................... 8 VI. A MIDDLE COURSE IN PETRELLA ...................................... 17 V . C ON CLU SION ..................................................................... 18 I. INTRODUCTION The famous Martin Scorsese movie Raging Bull and an ancient doctrine of equity will make a joint appearance later this month at the U.S. Supreme Court. On January 21, 2014, the Court will hear arguments in Petrella v. Metro-Goldwyn-Mayer, Inc.1 The case involves copyright infringement claims about the movie, and about the extent to which those claims are barred by the doctrine of laches. Laches is a defense that was developed by courts of equity, and it is typically raised in cases where a plaintiff has delayed her suit without good reason. Petrella raises two big questions about how laches fits into contemporary American law. One is whether it applies to all claims or only to equitable ones.2 The other is how it is affected by a federal statute of limitations. Is laches displaced, on the theory that Congress has spoken by enacting the statute of limitations, so that it would violate the separation of powers for a court to substitute its own equitable doctrines? Or does laches remain and coexist with the statute of limitations on the theory that Congress legislates against the background of traditional equitable principles? * Assistant Professor, UCLA School of Law. Thanks for comments are due to William Baude, Nathan Chapman, Patrick Goodman, Doug Laycock, Michael McConnell, Seth Barrett Tillman, and David Waddilove. 1. Petrella v. Metro-Goldwyn-Mayer, Inc., No. 12-1315 (October 2013 Term). 2. Throughout this Essay equitable claim refers to a claim for an equitable remedy.

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