Decided

No. 08-295

The Travelers Indemnity Company, et al. v. Pearlie Bailey, et al.

from the United States Court of Appeals for the Second Circuit

See other cases from the Second Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Souter, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Breyer, and Alito, JJ., joined. Stevens, J., filed a dissenting opinion, in which Ginsburg, J., joined.

Argued. For petitioners: Barry R. Ostrager, New York, N.Y. For respondents: Cascino Asbestos Claimants: Samuel Issacharoff, New York, N.Y. For respondent Chubb Indeminity Insurance Company: Jacob C. Cohn, Philadelphia, Pa.

Record received from U.S.D.C. for the Southern District of New York. (3 boxes)

Record recieved from U.S.C.A. for 2nd Circuit. (1 box)

Motion of Future Claimants Representatives in support of neither party for leave to participate in oral argument as amici curiae and for divided argument DENIED. (orders list)

Reply of amici curiae Future Claimants Representatives in support of the motion for divided argument and for leave to participate in oral argument as amici curiae.

Reply of petitioners Travelers Indemnity Company, et al. filed. (Distributed)

Opposition to motion of Future Claimants Representatives filed by counsel for petitioners Common Law Settlement Counsel.

Opposition to motion of Future Claimants Representatives filed by counsel for petitioners Travelers Indemnity Co.

Motion for divided argument filed by respondent GRANTED. and the time is divided as follows: 20 minutes to the Cascino Asbestos Claimants, and 10 minutes to Chubb Indemnity Insurance Company. (orders list)

Opposition to motion of Future Claimants Representatives filed by counsel for respondents.

Joint appendix filed. (Distributed) VIDED. (Statement of costs received).

Motion of Future Claimants Representatives in support of neither party for leave to participate in oral argument as amici curiae and for divided argument filed. VIDED.

Brief amici curiae of Jagdeep S. Bhandari, et al. filed. VIDED. (Distributed)

Brief of respondents Pearlie Bailey, et al., and Cascino Asbestos Claimants filed. VIDED. (Distributed)

Brief of respondent Chubb Indemnity Insurance Company filed. VIDED. (Distributed)

Joint appendix for respondent Chubb Indemnity Insurance Company filed. Statement of costs received. VIDED. (Distributed)

Motion to dispense with printing the joint appendix filed by petitioners DENIED. (orders list)

Motion for divided argument filed by respondent Chubb Indemnity Insurance Company. VIDED.

Brief amici curiae of Resolute Management Inc. filed. (Distributed)

Brief amici curiae of Future Claimants Representatives in support of neither party filed. (Distributed) VIDED.

CIRCULATED.

Opposition of respondent Chubb Indemnity Insurance Co. to petitioners' motion to dispense with printing of the joint appendix. VIDED.

Brief of petitioners Travelers Indemnity Company, et al. filed.

SET FOR ARGUMENT ON Monday, March 30, 2009.

Motion to dispense with printing the joint appendix filed by petitioners. VIDED.

Petition GRANTED. The case is consolidated with No. 08-307, and a total of one hour is allotted for oral argument. (orders list)

DISTRIBUTED for Conference of December 12, 2008.

DISTRIBUTED for Conference of December 5, 2008.

Reply of petitioners Travelers Casualty and Surety Company, et al. filed.

Brief of Asbestos Personal Injury Respondents in opposition filed. VIDED.

Brief of respondents Cascino Asbestos Claimants in opposition filed. VIDED.

Brief of respondent Chubb Indemnity Insurance Company in opposition filed. VIDED.

Letter of October 14, 2008, from counsel for Property Casualty Insurers Association of America requesting that its motion for leave to file amicus brief be withdrawn from consideration.

Opposition of respondents Asbestos Personal Injury Plaintiffs to motion of Property Casualty Insurers Assn. of America for leave to file amicus brief filed.

Motion for leave to file amicus brief filed by Property Casualty Insurers Association of America.

Order extending time to file response to petition to and including November 5, 2008.

Petition for a writ of certiorari filed. (Response due October 6, 2008)

Application (08A63) granted by Justice Ginsburg extending the time to file until September 5, 2008.

Application (08A63) to extend the time to file a petition for a writ of certiorari from August 6, 2008 to September 5, 2008, submitted to Justice Ginsburg.

Parties

Travelers Indemnity Company, et al., Petitioner, represented by Barry R. Ostrager

Asbestos Personal Injury Respondents, Respondent, represented by Sander L. Esserman

Cascino Asbestos Claimants, Respondent, represented by Jason R. Searcy

Chubb Indemnity Insurance Company, Respondent, represented by Jacob C. Cohn

Pearlie Bailey, et al., Respondent, represented by Samuel Issacharoff

Amici Curiae

Future Claimants Representatives, Amicus Curiae, represented by James L. Patton Jr.

Jagdeep S. Bhandari, et al., Amicus Curiae, represented by Richard Lieb

Property Casualty Insurers Association of America, Amicus Curiae, represented by Thomas C. Goldstein

Resolute Management Inc., Amicus Curiae, represented by Paul J. Watford

 
Last updated: February 21, 2010