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The Dutra Group v. Batterton

Docket No.18-266
Op. Below9th Cir.
ArgumentMar 25, 2019

Holding

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

Judgment

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

Proceedings & orders timeline

Jun 7, 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.
Jun 7, 2018
Application (17A1354) granted by Justice Kennedy extending the time to file until August 30, 2018.
Aug 30, 2018
Petition for a writ of certiorari filed. (Response due October 1, 2018)
Sep 7, 2018
Blanket Consent filed by Petitioner, The Dutra Group.
Sep 21, 2018
Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.
Sep 25, 2018
Blanket Consent filed by Respondent, Christopher Batterton.
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.
Oct 1, 2018
Brief amici curiae of At-Sea Processors Association, et al. filed.
Oct 1, 2018
Brief amicus curiae of Maritime Law Association of the United States filed.
Oct 30, 2018
Brief of respondent Christopher Batterton in opposition filed.
Nov 13, 2018
DISTRIBUTED for Conference of 11/30/2018.
Nov 13, 2018
Reply of petitioner The Dutra Group filed. (Distributed)
Dec 3, 2018
DISTRIBUTED for Conference of 12/7/2018.
Dec 7, 2018
Petition GRANTED.
Dec 21, 2018
Blanket Consent filed by Petitioner, The Dutra Group.
Dec 28, 2018
Motion to dispense with printing the joint appendix filed by petitioner The Dutra Group.
Jan 8, 2019
Blanket Consent filed by Respondent, Christopher Batterton.
Jan 14, 2019
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 17, 2019
Brief amicus curiae of Atlantic Sounding Co., Inc. filed.
Jan 22, 2019
Brief of petitioner The Dutra Group filed.
Jan 22, 2019
Amicus brief of Dredging Contractors of America and Council for Dredging & Marine Construction Safety not accepted for filing. (Partial submission.)
Jan 22, 2019
Brief amici curiae of Dredging Contractors of America and Council for Dredging & Marine Construction Safety filed.
Jan 25, 2019
SET FOR ARGUMENT on Monday, March 25, 2019
Jan 28, 2019
Brief amici curiae of Alaskan Leader Fisheries LLC, et al. filed.
Jan 28, 2019
Brief amicus curiae of The Inland River Harbor and Fleeting Coalition filed.
Jan 29, 2019
Brief amici curiae of At-Sea Processors Association, et al. filed.
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.
Jan 29, 2019
Brief amici curiae of Fishing Vessels' Reserve, et al. filed.
Jan 29, 2019
Brief amicus curiae of American Maritime Association, Inc. filed.
Jan 29, 2019
Brief amicus curiae of International Association of Drilling Contractors (IADC) filed.
Jan 29, 2019
Brief amici curiae of The Greater New Orleans Barge Fleeting Association, Inc. and Offshore Marine Service Association filed.
Jan 29, 2019
Brief amicus curiae of Waterways Council, Inc. filed.
Jan 29, 2019
Brief amicus curiae of The American Waterways Operators filed.
Feb 14, 2019
CIRCULATED
Feb 19, 2019
Brief amici curiae of Injured Crewmembers filed. (Distributed)
Feb 21, 2019
Brief of respondent Christopher Batterton filed. (Distributed)
Feb 21, 2019
Record requested from the U.S.C.A. 9th Circuit.
Feb 21, 2019
Record from the U.S.C.A 9th Circuit and the District Court is electronic and located on PACER.
Feb 28, 2019
Brief amicus curiae of Claimant Seeking Recovery For Wrongful Death Of Crewmember filed. (Distributed)
Feb 28, 2019
Brief amicus curiae of Sailors' Union of the Pacific filed. (Distributed)
Feb 28, 2019
Amicus brief of American Association for Justice not accepted for filing. (Corrected version submitted).
Feb 28, 2019
Brief amicus curiae of American Association for Justice filed. (March 7, 2019) (Distributed)
Mar 15, 2019
Reply of petitioner The Dutra Group filed. (Distributed)
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)
Mar 25, 2019
Argued. For petitioner: Seth P. Waxman, Washington, D. C. For respondent: David C. Frederick, Washington, D. C.
Mar 28, 2019
Letter of respondent Christopher Batterton filed. (Distributed)
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.
Jul 26, 2019
JUDGMENT ISSUED.

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