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Air and Liquid Systems Corp., et al. v. Roberta G. DeVries, Individually and as Administratrix of the Estate of John B. DeVries, Deceased, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 16-2602, 16-2669 · judgment October 3, 2017

Decided · March 19, 2019
Pre-decision estimate: 13% cert probability (95% interval 8%–19%)

Before the decision, about 3.1× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Can products-liability defendants be held liable under maritime law for injuries caused by products that they did not make, sell, or distribute?

Counsel of record

For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP

For respondent
Richard Phillips Myers
Paul, Reich & Myers

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage · 8 merits
(4 supporting pet./neither, 4 respondent)

Argument & decision

Argued October 10, 2018 — Shay Dvoretzky · Thomas C. Goldstein. Audio and transcript

Decided March 19, 2019. Opinion by Kavanaugh.

Proceedings

  1. Apr 22 2019
    JUDGMENT ISSUED.
  2. Mar 19 2019
    Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
  3. Oct 10 2018
    Argued. For petitioners: Shay Dvoretzky, Washington, D. C. For respondents: Thomas C. Goldstein, Bethesda, Md.
  4. Sep 19 2018
    Reply of petitioners Air and Liquid Systems Corp., et al. filed. (Distributed)
  5. Sep 19 2018
    Reply of respondentGeneral Electric Co. in support of petitioners filed. (Distributed)
  6. Aug 27 2018
    Brief amicus curiae of Port Ministries International filed. (Distributed)
  7. Aug 27 2018
    Brief amicus curiae of American Association for Justice filed. (Distributed)
  8. Aug 27 2018
    Amicus brief of Evelyn Hutchins, Flora Everett, James T. McAllister not accepted for filing. (Resubmitted with complete documentation - August 31, 2018)
  9. Aug 27 2018
    Brief amici curiae of Evelyn Hutchins, Flora Everett, James T. McAllister filed. (Distributed)
  10. Aug 24 2018
    Brief amici curiae of Multiple Veterans Organizations filed. (Distributed)
  11. Aug 20 2018
    Record received from the U.S.C.A. 3rd Circuit. The record is electronic.
  12. Aug 20 2018
    Brief of respondents Roberta G. DeVries, Individually and as Administratrix of the Estate of John B. DeVries, Deceased, et al. filed. (Distributed). (Corrected version submitted).
  13. Aug 20 2018
    Brief of respondents Roberta G. DeVries, Individually and as Administratrix of the Estate of John B. DeVries, Deceased, et al. filed. (Distributed). (Corrected - September 26, 2018).
  14. Aug 07 2018
    Record requested from the U.S.C.A. 3rd Circuit.
  15. Aug 03 2018
    CIRCULATED
  16. Jul 16 2018
    Brief amici curiae of Product Liability Advisory Counsel, Inc. filed.
  17. Jul 16 2018
    Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
  18. Jul 16 2018
    Brief amicus curiae of Coalition for Litigation Justice, Inc., et al. filed.
  19. Jul 13 2018
    Brief amicus curiae of Richard A. Epstein filed.
  20. Jul 09 2018
    SET FOR ARGUMENT On Wednesday, October 10, 2018
  21. Jul 09 2018
    Brief of respondent General Electric Co. in support of petitioners filed.
  22. Jul 09 2018
    Brief of petitioners Air and Liquid Systems Corp., et al. filed.
  23. Jul 09 2018
    Joint appendix filed (2 volumes). (Statement of costs filed)
  24. Jun 15 2018
    Letter of respondent General Electric Co. filed.
  25. Jun 07 2018
    Motion to extend the time to file the joint appendix and the opening briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 9, 2018. The time to file respondents' brief on the merits is extended to and including August 20, 2018.
  26. May 23 2018
    Motion for an extension of time to file joint appendix and the opening briefs on the merits filed.
  27. May 14 2018
    Petition GRANTED.
  28. May 07 2018
    DISTRIBUTED for Conference of 5/10/2018.
  29. Apr 11 2018
    DISTRIBUTED for Conference of 4/27/2018.
  30. Apr 05 2018
    Reply of petitioners Air and Liquid Systems Corp., et al. filed.
  31. Mar 23 2018
    Brief of respondents Roberta G. DeVries, Executrix of the Estate of John B. Devries, Deceased, et al. in opposition filed.
  32. Mar 09 2018
    Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
  33. Mar 08 2018
    Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2018.
  34. Mar 05 2018
    Blanket Consent filed by Petitioners, Air and Liquid Systems Corp., et al..
  35. Mar 05 2018
    Motion to extend the time to file a response from March 9, 2018 to March 23, 2018, submitted to The Clerk.
  36. Mar 05 2018
    Application of Devries for a further extension of time not accepted for filing. (March 12, 2018)
  37. Jan 31 2018
    Petition for a writ of certiorari filed. (Response due March 9, 2018)
  38. Dec 11 2017
    Application (17A625) granted by Justice Alito extending the time to file until January 31, 2018.
  39. Dec 08 2017
    Application (17A625) to extend the time to file a petition for a writ of certiorari from January 1, 2018 to February 1, 2018, submitted to Justice Alito.
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