Musick, Peeler & Garrett v. Employers Ins. of Wausau, 508 U.S. 286, 4 (1993)

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Cite as: 508 U. S. 286 (1993)

Opinion of the Court

fessionals had joint responsibility for the securities violations and were liable for contribution under various theories, including a right to contribution based on the 10b-5 action central to the complaint in the original class suit.

In proceedings before the United States District Court for the Southern District of California and the United States Court of Appeals for the Ninth Circuit, the parties disputed the principles for determining whether the insureds had paid more than their fair share of liability in the class settlement, with scant attention being paid to the underlying issue whether liability in a 10b-5 action is accompanied by any right to contribution at all. This lack of attention is understandable, for the existence of the 10b-5 right to contribution is well established in the Ninth Circuit, Smith v. Mulvaney, 827 F. 2d 558, 560 (1987), as well as in a number of other Circuits, In re Jiffy Lube Securities Litigation, 927 F. 2d 155, 160 (CA4 1991); Sirota v. Solitron Devices, Inc., 673 F. 2d 566, 578 (CA2), cert. denied, 459 U. S. 838 (1982); Huddleston v. Herman & MacLean, 640 F. 2d 534, 557-559 (CA5 1981), aff'd in part, rev'd in part on other grounds, 459 U. S. 375 (1983); Heizer Corp. v. Ross, 601 F. 2d 330, 331-334 (CA7 1979).

Some three months after the Court of Appeals ruled in favor of respondents, 954 F. 2d 575 (CA9 1992), the United States Court of Appeals for the Eighth Circuit created a conflict on the basic issue whether defendants in a 10b-5 action have a right to contribution. In light of our decisions on contribution in other areas of federal law, the Eighth Circuit ruled that there can be no implied cause of action for contribution in a 10b-5 action. Chutich v. Touche Ross & Co., 960 F. 2d 721, 724 (1992). Petitioners requested that we resolve the conflict among the Circuits. We granted their petition for a writ of certiorari on the sole question presented: "Whether federal courts may imply a private right to contribution in Section 10(b) of the Securities Exchange Act of

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