| ~~Date~~~~~~ |
~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ |
| Jan 2 2002 | Petition for writ of certiorari filed. (Response due February 6, 2002) |
| Feb 1 2002 | Brief amicus curiae of Association of American Railroads filed. |
| Feb 6 2002 | Brief of respondents Freeman Ayers, et al. in opposition filed. |
| Feb 6 2002 | Lodging consisting of ten printed booklets received. |
| Feb 20 2002 | DISTRIBUTED for Conference of March 15, 2002 |
| Feb 20 2002 | Reply brief of petitioner Norfolk & Western Railway Company filed. |
| Feb 20 2002 | LODGING consisting of twenty copies of related material received |
| | from counsel for petitioners and distributed. |
| Mar 18 2002 | REDISTRIBUTED for Conference of March 22, 2002 |
| Mar 25 2002 | REDISTRIBUTED for Conference of March 29, 2002 |
| Apr 1 2002 | Petition GRANTED. |
| | SET FOR ARGUMENT November 6, 2002. |
| | ******************************************************** |
| May 1 2002 | Order extending time to file the joint appendix and petitioners |
| | brief on the merits to and including June 17, 2002. |
| Jun 17 2002 | Joint appendix filed. |
| Jun 17 2002 | *Joint appendix in two volumes, |
| Jun 17 2002 | Brief of petitioner Norfolk and Western Railway Company filed. |
| Jun 17 2002 | Brief amicus curiae of Chamber of Commerce of the United States filed. |
| Jun 17 2002 | Brief amicus curiae of American Insurance Association filed. |
| Jun 17 2002 | Brief amicus curiae of Association of American Railroads filed. |
| Jun 17 2002 | Brief amici curiae of Coalition for Asbestos Justice, Inc., et al. |
| | filed. |
| Jun 17 2002 | Brief amicus curiae of Washington Legal Foundation filed. |
| Jun 17 2002 | Brief amicus curiae of United States filed. |
| Jun 19 2002 | LODGING consisting of twenty velo bound copies of related material |
| | received from counsel for the petitioner. |
| Jun 19 2002 | LODGING consisting of twenty bound copies of eight unpublished |
| | orders received from counsel for amicus AAR. |
| Jun 19 2002 | LODGING consisting of twenty copies of an article manuscript by |
| | James Henderson,entitled Asbestos Litigation Gone Mad, received |
| | from counsel for amici Coalition, et al. |
| Jun 21 2002 | Order extending time to file respondents' brief on the merits to |
| | and including August 19, 2002. |
| Jul 24 2002 | LODGING consisting of 20 copies of a related article submitted by |
| | counsel for amici Coalition for Asbestos Justice, et al. |
| Aug 8 2002 | Blanket consent to the filing of amicus briefs in support of |
| | either party received from counsel for the petitioner and counsel |
| | for the respondents. |
| Aug 16 2002 | Brief amicus curiae of Trial Lawyers for Public Justice filed. |
| Aug 16 2002 | Brief amicus curiae of American Public Health Association filed. |
| Aug 19 2002 | Motion of the Solicitor General for leave to participate in oral |
| | argument as amicus curiae and for divided argument filed. |
| Aug 19 2002 | Motion of the Solicitor General to present oral argument pro hac |
| | vice filed. |
| Aug 19 2002 | Brief of respondents Freeman Ayers, et al. filed. |
| Aug 19 2002 | Brief amicus curiae of United Transportation Union filed. |
| Aug 19 2002 | Brief amicus curiae of Brotherhood of Locomotive Engineers filed. |
| Aug 19 2002 | Brief amici curiae of West Virginia,et al. filed. |
| Aug 19 2002 | Brief amici curiae of American Law Professors, Richard L. Abel, et al. |
| | filed. |
| Aug 19 2002 | Brief amicus curiae of AFL-CIO filed. |
| Aug 31 2002 | CIRCULATED. |
| Sep 16 2002 | Record filed. |
| Sep 23 2002 | Reply brief of petitioner Norfolk & Western Railway Company filed. |
| Oct 7 2002 | Motion of the Solicitor General for leave to participate in oral |
| | argument as amicus curiae and for divided argument GRANTED. |
| Oct 7 2002 | Motion of the Solicitor General to present oral argument pro hac |
| | vice GRANTED. |
| Oct 16 2002 | LODGING consisting of twenty bound copies of related material |
| | received from counsel for the petitioner and distributed. |
| Oct 22 2002 | LODGING consisting of twenty copies of related material received |
| | from counsel for the respondent and distributed. |
| Nov 6 2002 | ARGUED. |
| Mar 10 2003 | Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for |
| | a unanimous Court with respect to Parts I, II, and IV, and the |
| | opinion of the Court with respect to Part III, in which Stevens, |
| | Scalia, Souter, and Thomas, JJ., joined. Kennedy, J., filed an |
| | opinion concurring in part and dissenting in part, in which |
| | Rehnquist, C.J., and O'Connor and Breyer, JJ., joined. Breyer, J., |
| | filed an opinion concurring in part and dissenting in part. |
| Apr 9 2003 | MANDATE ISSUED. |
| May 2 2003 | Record returned to the Circuit Court of West Virginia, Kanawha |
| | County. |
| | |
| ~~Name~~~~~~~~~~~~~~~~~~~~~ |
~~~~~~~Address~~~~~~~~~~~~~~~~~~ |
~~Phone~~~ |
| Attorneys for Petitioner: | | |
| Carter G. Phillips | Sidley Austin Brown & Wood LLP | 2027368000 |
| 1501 K Street, N. W. | |
| Washington, DC 20005 | |
| | | |
| Attorneys for Respondent: | | |
| Richard J. Lazarus | Gerogetown Univ. Law Center | 2026629129 |
| 600 New Jersey Ave., N.W. | |
| Washington, DC 20001-2075 | |
| | | |
| Other Attorneys: | | |
| Daniel Saphire | AAR | 2026392505 |
| 50 F Street, NW | |
| Washington, DC 20001 | |
| Party name: Association of American Railroads |
| | | |
| Mark J. Bujold | Lane & Gossett | 9122648296 |
| 1601 Reynolds Street | |
| Brunswick, GA 31520 | |
| | | |
| Miriam R. Nemetz | Mayer Brown & Platt | 2022633000 |
| 1909 K Street, NW | |
| Washington, DC 20006 | |
| Party name: Chamber of Commerce of the United States |
| | | |
| Seth P. Waxman | Wilmer Cutler & Pickering | 2026636000 |
| 2445 M Street, NW | |
| Washington, DC 20037 | |
| Party name: American Insurance Association |
| | | |
| Victor E, Schwartz | shook Hardy Bacon | 2027838400 |
| 600 14th street, NW #800 | |
| Washington, DC 20005 | |
| Party name: Coalition for Asbestos Justice, Inc., et al. |
| | | |
| Griffin B. Bell | King & Spalding | 4045724600 |
| 191 Peachtree Street | |
| Atlanta, GA 30303 | |
| Party name: Washington Legal Foundation |
| | | |
| Solicitor General | U.S. Department of Justice | |
| Washington, DC 20530 | |
| | | |
| Brent M. Rosenthal | Baron & Budd | 2145213605 |
| 3102 Oak Lawn Ave. | |
| Dallas, TX 75219 | |
| Party name: Trial Lawyers for Public Justice |
| | | |
| Scott L. Nelson | Public Citizen Litigation | 2025881000 |
| 1600 20th Street, NW | |
| Washington, DC 20009 | |
| Party name: American Public Health Association |
| | | |
| Clinton J. Miller III | UTA | 2162289400 |
| 14600 Detroit Avenue | |
| Cleveland, OH 44107 | |
| Party name: United Transportation Union |
| | | |
| William G. Jungbauer | Yaeger Jungbauer Barczak Vuci | 6123336371 |
| 745 Kasota Avenue | |
| Minneapolis, MN 55414 | |
| Party name: Brotherhood of Locomotive Engineers |
| | | |
| Silas Taylor | Senior Deputy AG | 3045582021 |
| State Capitol Rm. 26E | |
| Charleston, WV 25305 | |
| Party name: West Virginia,et al. |
| | | |
| Ned Miltenberg | Center for Constitutional Liti | 2029442840 |
| 1050 31st Street, NW | |
| Washington, DC 20007 | |
| Party name: American Law Professors, Richard L. Abel, et al. |
| | | |
| Laurence Gold | 805 15th Street, NW | 2028422600 |
| Washington, DC 20005 | |
| Party name: AFL-CIO |
| | | |
| | | |