|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-1104||3d Cir.||Oct 10, 2018||Mar 19, 2019||6-3||Kavanaugh||OT 2018|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.
Holding: In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
Judgment: Affirmed, 6-3, in an opinion by Justice Kavanaugh on March 19, 2019. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined.
|Date||Proceedings and Orders |
|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.|
|Dec 11 2017||Application (17A625) granted by Justice Alito extending the time to file until January 31, 2018.|
|Jan 31 2018||Petition for a writ of certiorari filed. (Response due March 9, 2018)|
|Mar 05 2018||Blanket Consent filed by Petitioners, Air and Liquid Systems Corp., et al..|
|Mar 05 2018||Motion to extend the time to file a response from March 9, 2018 to March 23, 2018, submitted to The Clerk.|
|Mar 05 2018||Application of Devries for a further extension of time not accepted for filing. (March 12, 2018)|
|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.|
|Mar 09 2018||Brief amicus curiae of The Chamber of Commerce of the United States of America filed.|
|Mar 23 2018||Brief of respondents Roberta G. DeVries, Executrix of the Estate of John B. Devries, Deceased, et al. in opposition filed.|
|Apr 05 2018||Reply of petitioners Air and Liquid Systems Corp., et al. filed.|
|Apr 11 2018||DISTRIBUTED for Conference of 4/27/2018.|
|May 07 2018||DISTRIBUTED for Conference of 5/10/2018.|
|May 14 2018||Petition GRANTED.|
|May 23 2018||Motion for an extension of time to file joint appendix and the opening briefs on the merits filed.|
|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.|
|Jun 15 2018||Letter of respondent General Electric Co. filed.|
|Jul 09 2018||SET FOR ARGUMENT On Wednesday, October 10, 2018|
|Jul 09 2018||Brief of respondent General Electric Co. in support of petitioners filed.|
|Jul 09 2018||Brief of petitioners Air and Liquid Systems Corp., et al. filed.|
|Jul 09 2018||Joint appendix filed (2 volumes). (Statement of costs filed)|
|Jul 13 2018||Brief amicus curiae of Richard A. Epstein filed.|
|Jul 16 2018||Brief amici curiae of Product Liability Advisory Counsel, Inc. filed.|
|Jul 16 2018||Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.|
|Jul 16 2018||Brief amicus curiae of Coalition for Litigation Justice, Inc., et al. filed.|
|Aug 03 2018||CIRCULATED|
|Aug 07 2018||Record requested from the U.S.C.A. 3rd Circuit.|
|Aug 20 2018||Record received from the U.S.C.A. 3rd Circuit. The record is electronic.|
|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).|
|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).|
|Aug 24 2018||Brief amici curiae of Multiple Veterans Organizations filed. (Distributed)|
|Aug 27 2018||Brief amicus curiae of Port Ministries International filed. (Distributed)|
|Aug 27 2018||Brief amicus curiae of American Association for Justice filed. (Distributed)|
|Aug 27 2018||Amicus brief of Evelyn Hutchins, Flora Everett, James T. McAllister not accepted for filing. (Resubmitted with complete documentation - August 31, 2018)|
|Aug 27 2018||Brief amici curiae of Evelyn Hutchins, Flora Everett, James T. McAllister filed. (Distributed)|
|Sep 19 2018||Reply of petitioners Air and Liquid Systems Corp., et al. filed. (Distributed)|
|Sep 19 2018||Reply of respondentGeneral Electric Co. in support of petitioners filed. (Distributed)|
|Oct 10 2018||Argued. For petitioners: Shay Dvoretzky, Washington, D. C. For respondents: Thomas C. Goldstein, Bethesda, Md.|
|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.|
|Apr 22 2019||JUDGMENT ISSUED.|
NEW: The Supreme Court declines to block the execution of Alabama prisoner Willie Smith, who is scheduled to be put to death by lethal injection tonight. No noted dissents, but Sotomayor adds a brief statement expressing concerns about Alabama's conduct.
NEW: Texas files its response to the Justice Department's emergency application asking the Supreme Court to block the state's six-week abortion ban.
Full brief is here: https://www.supremecourt.gov/DocketPDF/21/21A85/197064/20211021113524436_21A85_United%20States%20v.%20Texas_Opposition.pdf
Breyer is the third justice since August to turn away an emergency challenge to a vaccine mandate, without referring the issue to the full court. Earlier: Barrett declined to block Indiana University's mandate, and Sotomayor declined to block NYC's mandate for school employees.
Justice Stephen Breyer turns down request to block enforcement of Maine's COVID-19 vaccine mandate for healthcare workers, although he leaves open possibility that plaintiffs can return to #SCOTUS after the court of appeals acts: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21a83.html
Where do things stand at the Supreme Court with the two pending challenges to the Texas anti-abortion law? Here's an explainer from @katieleebarlow in a Tik Tok minute.
#SCOTUS grants request by Texas abortion providers to fast-track consideration of petition for cert before judgment in challenge to SB8. Response from Texas is due by noon on Thursday -- same time as Texas's response to US filing today. Order is here: https://www.supremecourt.gov/orders/courtorders/101821zr1_2c8f.pdf
BREAKING: The Justice Department has filed its emergency application asking the Supreme Court to block Texas' six-week abortion ban.
The filing is here: https://www.supremecourt.gov/DocketPDF/21/21A85/196650/20211018120230336_US%20v.%20Texas%20application%20final.pdf
NEW: The Justice Department, as expected, says it plans to ask the Supreme Court to block enforcement of the Texas law that bans abortions after six weeks of pregnancy.