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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.

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