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The Dutra Group v. Batterton

Docket No. Op. Below Argument Opinion Vote Author Term
18-266 9th Cir. Mar 25, 2019 Jun 24, 2019 6-3 Alito OT 2018

Holding: A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Alito on June 24, 2019. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer and Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
06/07/2018Application (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.
06/07/2018Application (17A1354) granted by Justice Kennedy extending the time to file until August 30, 2018.
08/30/2018Petition for a writ of certiorari filed. (Response due October 1, 2018)
09/07/2018Blanket Consent filed by Petitioner, The Dutra Group.
09/21/2018Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.
09/25/2018Blanket Consent filed by Respondent, Christopher Batterton.
09/26/2018Motion to extend the time to file a response is granted and the time is extended to and including October 31, 2018.
10/01/2018Brief amici curiae of At-Sea Processors Association, et al. filed.
10/01/2018Brief amicus curiae of Maritime Law Association of the United States filed.
10/30/2018Brief of respondent Christopher Batterton in opposition filed.
11/13/2018DISTRIBUTED for Conference of 11/30/2018.
11/13/2018Reply of petitioner The Dutra Group filed. (Distributed)
12/03/2018DISTRIBUTED for Conference of 12/7/2018.
12/07/2018Petition GRANTED.
12/21/2018Blanket Consent filed by Petitioner, The Dutra Group.
12/28/2018Motion to dispense with printing the joint appendix filed by petitioner The Dutra Group.
01/08/2019Blanket Consent filed by Respondent, Christopher Batterton.
01/14/2019Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
01/17/2019Brief amicus curiae of Atlantic Sounding Co., Inc. filed.
01/22/2019Brief of petitioner The Dutra Group filed.
01/22/2019Amicus brief of Dredging Contractors of America and Council for Dredging & Marine Construction Safety not accepted for filing. (Partial submission.)
01/22/2019Brief amici curiae of Dredging Contractors of America and Council for Dredging & Marine Construction Safety filed.
01/25/2019SET FOR ARGUMENT on Monday, March 25, 2019
01/28/2019Brief amici curiae of Alaskan Leader Fisheries LLC, et al. filed.
01/28/2019Brief amicus curiae of The Inland River Harbor and Fleeting Coalition filed.
01/29/2019Brief amici curiae of At-Sea Processors Association, et al. filed.
01/29/2019Brief amici curiae of The Chamber of Commerce of the United States of America and International Group of P&I Clubs filed.
01/29/2019Brief amici curiae of Fishing Vessels' Reserve, et al. filed.
01/29/2019Brief amicus curiae of American Maritime Association, Inc. filed.
01/29/2019Brief amicus curiae of International Association of Drilling Contractors (IADC) filed.
01/29/2019Brief amici curiae of The Greater New Orleans Barge Fleeting Association, Inc. and Offshore Marine Service Association filed.
01/29/2019Brief amicus curiae of Waterways Council, Inc. filed.
01/29/2019Brief amicus curiae of The American Waterways Operators filed.
02/14/2019CIRCULATED
02/19/2019Brief amici curiae of Injured Crewmembers filed. (Distributed)
02/21/2019Brief of respondent Christopher Batterton filed. (Distributed)
02/21/2019Record requested from the U.S.C.A. 9th Circuit.
02/21/2019Record from the U.S.C.A 9th Circuit and the District Court is electronic and located on PACER.
02/28/2019Brief amicus curiae of Claimant Seeking Recovery For Wrongful Death Of Crewmember filed. (Distributed)
02/28/2019Brief amicus curiae of Sailors' Union of the Pacific filed. (Distributed)
02/28/2019Amicus brief of American Association for Justice not accepted for filing. (Corrected version submitted).
02/28/2019Brief amicus curiae of American Association for Justice filed. (March 7, 2019) (Distributed)
03/15/2019Reply of petitioner The Dutra Group filed. (Distributed)
03/20/2019Letter 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)
03/25/2019Argued. For petitioner: Seth P. Waxman, Washington, D. C. For respondent: David C. Frederick, Washington, D. C.
03/28/2019Letter of respondent Christopher Batterton filed. (Distributed)
06/24/2019Judgment 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.
07/26/2019JUDGMENT ISSUED.