The Travelers Indemnity Company, et al. v. Pearlie Bailey et al. (557 U.S. 137)
U.S. Supreme Court · decided June 18, 2009 · Supreme Court Database (Spaeth)
- Citation
- 557 U.S. 137 · 129 S. Ct. 2195
- Decided
- June 18, 2009
- Term
- October Term 2008
- Vote
- 7–2
- Majority author
- Justice Souter
- Issue area
- Economic Activity
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Souter delivered the opinion of the Court. As an element of the 1986 reorganization plan of the Johns-Manville Corporation (Manville), the United States Bankruptcy Court for the Southern District of New York enjoined certain lawsuits against Manville’s insurers, including The Travelers Indemnity Company and its affiliates (Travelers). The question is whether the injunction bars state-law actions against Travelers based on allegations either of its own wrongdoing while acting as Manville’s insurer or of its misuse of information obtained from Manville as its insurer. We hold that the terms of the injunction bar the actions and that the finality of the Bankruptcy Court’s orders following the conclusion of direct review generally stands in the way of challenging the enforceability of the injunction. I From the 1920s to the 1970s, Manville was, by most accounts, the largest supplier of raw asbestos and manufacturer of asbestos-containing products in the United States, In re Johns-Manville Corp., 517 F. 3d 52, 55-56 (CA2 2008), and for much of that time Travelers was Manville’s primary liability insurer. In re Johns-Manville Corp., No. 82 B 11656 etc. (Bkrtcy. Ct. SDNY 2004), App. to Pet. for Cert. in No. 08-295, pp. 111a-112a (hereinafter Bkrtcy. Ct. Op.). As studies began to link asbestos exposure to respiratory disease and thousands of lawsuits were filed against…
Excerpt of a 33,561-character opinion. The full text and citation network load in the interactive viewer above.