U.S. Supreme Court Set to Hear Bare Metal Defense Argument U.S. Supreme Court E.D Pennsylvania, October 9, 2018

PENNSYLVANIA — On October 10, 2018, the United States Supreme Court will hear argument in Air and Liquid Systems Corp. v. DeVries, a case involving the bare metal defense under maritime law. The case was originally filed in the Philadelphia Court of Common Pleas in December 2012. It was then removed to the Eastern District of Pennsylvania based upon the federal officer removal statute, due to the decedent’s work on Navy ships. Several defendants’ motions for summary judgment were granted on plaintiff’s negligence claims, based upon the bare metal defense. The decision was appealed to the Third Circuit, which reversed the District Court’s ruling  in October 2017. That decision was previously addressed by this blog. The defendants petitioned the Supreme Court to take up the appeal, and the petition was granted in May 2018. The case has been fully briefed and will be argued on October 10, 2018.

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