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Air and Liquid Systems Corp. v. DeVries

Docket No.17-1104
Op. Below3d Cir.
ArgumentOct 10, 2018

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 Brett Kavanaugh on Mar 19, 2019. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined.

Proceedings & orders timeline

Dec 8, 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 5, 2018
Blanket Consent filed by Petitioners, Air and Liquid Systems Corp., et al..
Mar 5, 2018
Motion to extend the time to file a response from March 9, 2018 to March 23, 2018, submitted to The Clerk.
Mar 5, 2018
Application of Devries for a further extension of time not accepted for filing. (March 12, 2018)
Mar 8, 2018
Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2018.
Mar 9, 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 5, 2018
Reply of petitioners Air and Liquid Systems Corp., et al. filed.
Apr 11, 2018
DISTRIBUTED for Conference of 4/27/2018.
May 7, 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 7, 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 9, 2018
SET FOR ARGUMENT On Wednesday, October 10, 2018
Jul 9, 2018
Brief of respondent General Electric Co. in support of petitioners filed.
Jul 9, 2018
Brief of petitioners Air and Liquid Systems Corp., et al. filed.
Jul 9, 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 3, 2018
CIRCULATED
Aug 7, 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.

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