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The Dutra Group v. Christopher Batterton

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-56775 · judgment January 23, 2018

Decided · June 24, 2019
Pre-decision estimate: 26% cert probability (95% interval 20%–32%)

Before the decision, about 6.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether punitive damages may be awarded to a Jones Act seaman in a personal injury suit alleging a breach of the general maritime duty to provide a seaworthy vessel.

Counsel of record

For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP

For respondent
David C. Frederick
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage · 16 merits
(13 supporting pet./neither, 3 respondent)

Argument & decision

Argued March 25, 2019 — Seth P. Waxman · David C. Frederick. Audio and transcript

Decided June 24, 2019. Opinion by Alito.

Proceedings

  1. Jul 26 2019
    JUDGMENT ISSUED.
  2. Jun 24 2019
    Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined.
  3. Mar 28 2019
    Letter of respondent Christopher Batterton filed. (Distributed)
  4. Mar 25 2019
    Argued. For petitioner: Seth P. Waxman, Washington, D. C. For respondent: David C. Frederick, Washington, D. C.
  5. Mar 20 2019
    Letter of petitioner proposing to lodge copies of pleadings in cited case (The Rolph, 293 F. 269 [N.D. Ca. 1923], aff'd, 299 F. 52 [9th Cir. 1924]) filed. (Distributed)
  6. Mar 15 2019
    Reply of petitioner The Dutra Group filed. (Distributed)
  7. Feb 28 2019
    Brief amicus curiae of Claimant Seeking Recovery For Wrongful Death Of Crewmember filed. (Distributed)
  8. Feb 28 2019
    Brief amicus curiae of Sailors' Union of the Pacific filed. (Distributed)
  9. Feb 28 2019
    Amicus brief of American Association for Justice not accepted for filing. (Corrected version submitted).
  10. Feb 28 2019
    Brief amicus curiae of American Association for Justice filed. (March 7, 2019) (Distributed)
  11. Feb 21 2019
    Brief of respondent Christopher Batterton filed. (Distributed)
  12. Feb 21 2019
    Record requested from the U.S.C.A. 9th Circuit.
  13. Feb 21 2019
    Record from the U.S.C.A 9th Circuit and the District Court is electronic and located on PACER.
  14. Feb 19 2019
    Brief amici curiae of Injured Crewmembers filed. (Distributed)
  15. Feb 14 2019
    CIRCULATED
  16. Jan 29 2019
    Brief amici curiae of At-Sea Processors Association, et al. filed.
  17. Jan 29 2019
    Brief amici curiae of The Chamber of Commerce of the United States of America and International Group of P&I Clubs filed.
  18. Jan 29 2019
    Brief amici curiae of Fishing Vessels' Reserve, et al. filed.
  19. Jan 29 2019
    Brief amicus curiae of American Maritime Association, Inc. filed.
  20. Jan 29 2019
    Brief amicus curiae of International Association of Drilling Contractors (IADC) filed.
  21. Jan 29 2019
    Brief amici curiae of The Greater New Orleans Barge Fleeting Association, Inc. and Offshore Marine Service Association filed.
  22. Jan 29 2019
    Brief amicus curiae of Waterways Council, Inc. filed.
  23. Jan 29 2019
    Brief amicus curiae of The American Waterways Operators filed.
  24. Jan 28 2019
    Brief amici curiae of Alaskan Leader Fisheries LLC, et al. filed.
  25. Jan 28 2019
    Brief amicus curiae of The Inland River Harbor and Fleeting Coalition filed.
  26. Jan 25 2019
    SET FOR ARGUMENT on Monday, March 25, 2019
  27. Jan 22 2019
    Brief of petitioner The Dutra Group filed.
  28. Jan 22 2019
    Amicus brief of Dredging Contractors of America and Council for Dredging & Marine Construction Safety not accepted for filing. (Partial submission.)
  29. Jan 22 2019
    Brief amici curiae of Dredging Contractors of America and Council for Dredging & Marine Construction Safety filed.
  30. Jan 17 2019
    Brief amicus curiae of Atlantic Sounding Co., Inc. filed.
  31. Jan 14 2019
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  32. Jan 08 2019
    Blanket Consent filed by Respondent, Christopher Batterton.
  33. Dec 28 2018
    Motion to dispense with printing the joint appendix filed by petitioner The Dutra Group.
  34. Dec 21 2018
    Blanket Consent filed by Petitioner, The Dutra Group.
  35. Dec 07 2018
    Petition GRANTED.
  36. Dec 03 2018
    DISTRIBUTED for Conference of 12/7/2018.
  37. Nov 13 2018
    DISTRIBUTED for Conference of 11/30/2018.
  38. Nov 13 2018
    Reply of petitioner The Dutra Group filed. (Distributed)
  39. Oct 30 2018
    Brief of respondent Christopher Batterton in opposition filed.
  40. Oct 01 2018
    Brief amici curiae of At-Sea Processors Association, et al. filed.
  41. Oct 01 2018
    Brief amicus curiae of Maritime Law Association of the United States filed.
  42. Sep 26 2018
    Motion to extend the time to file a response is granted and the time is extended to and including October 31, 2018.
  43. Sep 25 2018
    Blanket Consent filed by Respondent, Christopher Batterton.
  44. Sep 21 2018
    Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.
  45. Sep 07 2018
    Blanket Consent filed by Petitioner, The Dutra Group.
  46. Aug 30 2018
    Petition for a writ of certiorari filed. (Response due October 1, 2018)
  47. Jun 07 2018
    Application (17A1354) to extend the time to file a petition for a writ of certiorari from July 31, 2018 to August 30, 2018, submitted to Justice Kennedy.
    Main Document
  48. Jun 07 2018
    Application (17A1354) granted by Justice Kennedy extending the time to file until August 30, 2018.