Decided

No. 08-307

Common Law Settlement Counsel 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 recieved from the U.S.D.C. for the Southern District of New York (3 boxes)

Record received 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 petitioner Common Law Settlement Counsel filed. (Distributed)

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.

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. Statement of costs received. VIDED. (Distributed)

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)

Joint appendix for respondent Chubb Indemnity Insurance Company filed. VIDED. (Distributed)

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

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

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

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

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

CIRCULATED.

SET FOR ARGUMNET ON Monday, March 30, 2009.

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

Brief of petitioner Common Law Settlement Counsel filed.

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

Petition GRANTED The petition for a writ of certiorari in No. 08-295 is GRANTED. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED. (orders list)

DISTRIBUTED for Conference of December 12, 2008.

DISTRIBUTED for Conference of December 5, 2008.

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.

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

Petition for a writ of certiorari filed. (Response due October 8, 2008)

Application (08A97) granted by Justice Ginsburg extending the time to file until September 5, 2008.

Application (08A97) 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

Common Law Settlement Counsel, Petitioner, represented by Ronald Barliant

Common Law Settlement Counsel, Petitioner, represented by Kathryn A. Pamenter

Travelers Indemnity Casualty and Surety, 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 in support of neither party, Amicus Curiae, represented by James L. Patton Jr.

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

 
Last updated: February 21, 2010