# Supplemental Brief — Owens-Illinois, Inc. v. Roby

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386011_1262%3A4

## Record

- **Collection:** Supreme Court brief
- **Document type:** Supplemental Brief
- **Published:** January 1, 1992
- **Citation:** 506 U.S. 954

## Text

e Court, U.S.
_RILED
No. 92-423 =
THE CLERK
IN THE

Siupirene Court of the United States
OCTOBER TERM, 1992

OWENS-ILLINOIS, INC..
- Petitioner
FREDERIC EF. ROBY and FRANCES A. SOLLY,
_ Respondents
On Petition for Writ of Certiorari to the
United States Court of Appeals
for the Sixth Circuit

PETITIONER’S SUPPLEMENTAL BRIEF

Of Counsel: JAMES D. MILLER *

PHILIP MCWEENY KING & SPALDING

DAVID L. GRAY Suite 1200

OWENS-ILLINOIS, INC. 1730 Pennsylvania Avenue, N.W.

One SeaGate Washington, D.C. 20006 -
Toledo, Ohio 48666 (202) 737-0500

(419) 247-1004 ROBERT A. BUNDA

THERESA R. DEWITT
RICHARD A. PAPURT
BUNDA, STUTZ, & DEWITT
One SeaGate, Suite 650
Toledo, Ohio 43604

(419) 247-2777

* Counsel of Record
Attorneys for Petitioner

WILSON - EPEs PRINTING Co., INC. - 789-0096 - WASHINGTON, D.C. 20001

REST AVAILABLE COPY ®

QUESTIONS PRESENTED
1. Do repetitive awards of punitive damages for the
same course of conduct violate the Due Process Clause
under the principles announced in Pacific Mutual Life
Insurance Co. v. Haslip, 111 S. Ct. 1032 (1991)?

2. Is appellate review of a jury’s award of punitive
damages adequate under due process where neither the
factors identified by the Court in Haslip, nor any similar

factors, are taken into account?

3. Does Fed. R. Civ. P. 16 permit the admission of
prejudicial evidence in direct contravention of a pretrial

order?

il

RULE 29.1 STATEMENT

The statement required by Rule 29.1 was included in
Petitioner’s petition for certiorari.

IN THE
Supreuw Court of the United States

OCTOBER TERM, 1992

No. 92-423

OWENS-ILLINOIS, INC.,
ig Petitioner
FREDERIC E. RoBY and FRANCES A. SOLLY,
: Respondents

On Petition for Writ of Certiorari to the
United States Court of Appeals
for the Sixth Circuit

PETITIONER’S SUPPLEMENTAL BRIEF

Pursuant to Supreme Court Rule 15.7, Owens-Illinois,
Inc. (“Owens-Illinois”) files this Supplemental Brief to
advise the Court of recent developments in the case law
cited in support of Owens-Illinois’ Petition for a Writ of
Certiorari to the United States Court of Appeals for the
Sixth Circuit.

In its Reply Brief in Support of the Petition for Writ
of Certiorari Owens-Illinois discussed a case recently de-
cided by the Third Circuit, Dunn v. HOVIC, 1992 U.S.
App. Lexis 22749 (3d Cir. Sept. 18, 1992). The Third
Circuit has vacated the panel’s decision in Dunn, and
granted defendant’s Petition for Rehearing and Sugges-
tion for Rehearing En Banc. Dunn v. HOVIC, 1992 U.S.
App. LEXIS 25457 (3d Cir. Oct. 8, 1992).

The Third Circuit’s decision te rehear the Dunn case
en banc is evidence of the continued activity and concern

*)
a

in the lower courts venerated by constitutional challenges
to claims for punitive damages. The asbestos personal-
injury litigation is the cause for much of this activity:
indeed, Judge Weis fiied a forceful dissenting opinion in
Dunn based in jarge part on the number of asbestos per-
sonal injury claims and bankruptcy filings by asbestos
defendants. Judge Weis advocated striking punitive dam-
ages claims from the asbestos persona! injury litigation,
arguing that “punitive damages should not be recovered
because their purposes are not being served and their
benefits ave outweighed by their cost to society.” Dunn v.
HOVIC, 1992 U.S. App. LEXIS 22749 at *92 (3d Cir.
Sept. 1&8, 1992) (Weis, J., dissenting), vacated and peti-
tion. for rhrg en bane granted, 1992 U.S. App. LEXIs
25457 (3d Cir. Oct. 8, 1992).

The Third Circuit’s decision to re-examine en bane the
due piocess concerns impliested by claims for punitive
damages emphasizes the importance of this issue and the
need for additional guidance from this Court.

Respectfully submitted,

Of Counsel: JAMES D. MILLER *

PHILIP MCWEENY KING & SPALDING

DAVID L. GRAY Suite 1200

OWENS-ILLINOIS, INC. 1730 Pennsylvania Avenue, N.W.
One SeaGate Washington, D.C. 20006

Toledo, Ohio 43666 (202) 737-0500

(419) 247-1004 tOBERT A. BUNDA

THERESA R. DEWITT
RICHARD A. PAPURT
BUNDA, STUTZ, & DEWITT
One SeaGate, Suite 650
Taledo, Ohio 43604

(419) 247-2777

* Counsel of Record

Attorneys for Petitioner
October 28, 1992

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386011_1262%3A4. Public record. Not legal advice.