Air and Liquid Systems Corp. v. DeVries
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-1104 | Oct 10, 2018 | Mar 19, 2019 | 6-3 | Kavanaugh | OT 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 Justice Kavanaugh on March 19, 2019. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined.
SCOTUSblog Coverage
- Opinion analysis: Justices affirm maritime liability for manufacturers of asbestos-dependent equipment (Ronald Mann, March 19, 2019)
- Argument analysis: Justices search for clear path to assessing responsibility for asbestos-dependent equipment on ships at sea (Ronald Mann, October 11, 2018)
- Argument preview: Maritime dispute presents opportunity for justices to grapple with basic tort rules (Ronald Mann, October 3, 2018)
- Two new grants, one CVSG today (Amy Howe, May 14, 2018)
| Date | Proceedings and Orders |
|---|---|
| 12/08/2017 | 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. |
| 12/11/2017 | Application (17A625) granted by Justice Alito extending the time to file until January 31, 2018. |
| 01/31/2018 | Petition for a writ of certiorari filed. (Response due March 9, 2018) |
| 03/05/2018 | Blanket Consent filed by Petitioners, Air and Liquid Systems Corp., et al.. |
| 03/05/2018 | Motion to extend the time to file a response from March 9, 2018 to March 23, 2018, submitted to The Clerk. |
| 03/05/2018 | Application of Devries for a further extension of time not accepted for filing. (March 12, 2018) |
| 03/08/2018 | Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2018. |
| 03/09/2018 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. |
| 03/23/2018 | Brief of respondents Roberta G. DeVries, Executrix of the Estate of John B. Devries, Deceased, et al. in opposition filed. |
| 04/05/2018 | Reply of petitioners Air and Liquid Systems Corp., et al. filed. |
| 04/11/2018 | DISTRIBUTED for Conference of 4/27/2018. |
| 05/07/2018 | DISTRIBUTED for Conference of 5/10/2018. |
| 05/14/2018 | Petition GRANTED. |
| 05/23/2018 | Motion for an extension of time to file joint appendix and the opening briefs on the merits filed. |
| 06/07/2018 | 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. |
| 06/15/2018 | Letter of respondent General Electric Co. filed. |
| 07/09/2018 | SET FOR ARGUMENT On Wednesday, October 10, 2018 |
| 07/09/2018 | Brief of respondent General Electric Co. in support of petitioners filed. |
| 07/09/2018 | Brief of petitioners Air and Liquid Systems Corp., et al. filed. |
| 07/09/2018 | Joint appendix filed (2 volumes). (Statement of costs filed) |
| 07/13/2018 | Brief amicus curiae of Richard A. Epstein filed. |
| 07/16/2018 | Brief amici curiae of Product Liability Advisory Counsel, Inc. filed. |
| 07/16/2018 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. |
| 07/16/2018 | Brief amicus curiae of Coalition for Litigation Justice, Inc., et al. filed. |
| 08/03/2018 | CIRCULATED |
| 08/07/2018 | Record requested from the U.S.C.A. 3rd Circuit. |
| 08/20/2018 | Record received from the U.S.C.A. 3rd Circuit. The record is electronic. |
| 08/20/2018 | 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). |
| 08/20/2018 | 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). |
| 08/24/2018 | Brief amici curiae of Multiple Veterans Organizations filed. (Distributed) |
| 08/27/2018 | Brief amicus curiae of Port Ministries International filed. (Distributed) |
| 08/27/2018 | Brief amicus curiae of American Association for Justice filed. (Distributed) |
| 08/27/2018 | Amicus brief of Evelyn Hutchins, Flora Everett, James T. McAllister not accepted for filing. (Resubmitted with complete documentation - August 31, 2018) |
| 08/27/2018 | Brief amici curiae of Evelyn Hutchins, Flora Everett, James T. McAllister filed. (Distributed) |
| 09/19/2018 | Reply of petitioners Air and Liquid Systems Corp., et al. filed. (Distributed) |
| 09/19/2018 | Reply of respondentGeneral Electric Co. in support of petitioners filed. (Distributed) |
| 10/10/2018 | Argued. For petitioners: Shay Dvoretzky, Washington, D. C. For respondents: Thomas C. Goldstein, Bethesda, Md. |
| 03/19/2019 | 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. |
| 04/22/2019 | JUDGMENT ISSUED. |