McDermott, Inc. v. AmClyde, 511 U.S. 202, 3 (1994)

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204

McDERMOTT, INC. v. AmCLYDE

Opinion of the Court

abrogated by Reliable Transfer and is not in tension with the proportionate share approach. Pp. 218-221. 979 F. 2d 1068, reversed and remanded.

Stevens, J., delivered the opinion for a unanimous Court.

Arden J. Lea argued the cause for petitioner. With him on the briefs was R. Jeffrey Bridger.

William K. Kelley argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Days, Assistant Attorney General Hunger, Acting Deputy Solicitor General Kneedler, Richard A. Olderman, and David V. Hutchinson.

Robert E. Couhig, Jr., argued the cause for respondents.

With him on the brief was Thomas G. O'Brien.*

Justice Stevens delivered the opinion of the Court. A construction accident in the Gulf of Mexico gave rise to this admiralty case. In advance of trial, petitioner, the plaintiff, settled with three of the defendants for $1 million. Respondents, however, did not settle, and the case went to trial. A jury assessed petitioner's loss at $2.1 million and allocated 32% of the damages to respondent AmClyde and 38% to respondent River Don Castings, Ltd. (River Don). The question presented is whether the liability of the nonsettling defendants should be calculated with reference to the jury's allocation of proportionate responsibility, or by giving the nonsettling defendants a credit for the dollar amount of the settlement. We hold that the proportionate approach is the correct one.

I

Petitioner McDermott, Inc., purchased a specially designed, 5,000-ton crane from AmClyde.1 When petitioner

*Warren B. Daly, Jr., and George W. Healy III filed a brief for the Maritime Law Association of the United States as amicus curiae urging reversal.

1 "AmClyde," formerly known as "Clyde Iron," is a division of AMCA International, Inc.

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