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511 U.S. 222

114 S. Ct. 1472

128 L. Ed. 2d 165

Docket No. 93-180.

Boca Grande Club, Inc. v. Florida Power & Light Co.

Supreme Court of the United States

Argued Jan. 11, 1994.

Decided April 20, 1994.

Supreme Court of the United States · decided 1994-04-20

* Held: The judgment is vacated and the case remanded for further proceedings consistent with McDermott, Inc. v. AmClyde, --- U.S. ----, 114 S.Ct. 1461, --- L.Ed.2d… Held: The judgment is vacated and the case remanded for further proceedings consistent with McDermott, Inc. v. AmClyde, --- U.S. ----, 114 S.Ct. 1461, --- L.Ed.2d ---- which adopts the proportionate share rule, under which actions for contribution against settling defendants are neither necessary nor permitted.

Key passage — most relied on by later courts

“actions for contribution against settling defendants are neither necessary nor permitted,”

quoted by 4 later decisions, including 896 F. Supp. 1440 - Geyer v. USX Corp., 663 So. 2d 212 - Sigler v. Grace Offshore Co.

“in an action against several alleged joint tortfeasors under general maritime law, the plaintiff's settlement with one defendant bars a claim for contribution brought by nonsettling defendants against the settling defendant.”

quoted by 1 later decision, including 896 F. Supp. 1440 - Geyer v. USX Corp.

Relies on United States v. Detroit Timber & Lumber Co. · McDermott, Inc. v. AmClyde · Victor v. Nebraska

Good law ✅— No negative treatment on recordhow we know

Vacated and remanded · 9–0 · Opinion by John Paul Stevens · Decided 1994-04-20

How this case has been cited

Cited by 28 later decisions (1 by the Supreme Court) — most recently August 2017 · most notably Boca Grande Club Inc 16' Sur06214m82e v. Polackwich J a (1994), Combo Maritime, Inc. v. U.S. United Bulk Terminal, LLC (2010)

4 federal appellate · 5 state decisions

160199420002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

On Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit.

David F. Pope, Tampa, FL, for petitioner.

Stuart C. Markman, Tampa, FL, for respondent.

Ronald J. Mann, Washington, DC, for U.S. as amicus curiae, by special leave of the Court.

Syllabus*

Held: The judgment is vacated and the case remanded for further proceedings consistent with McDermott, Inc. v. AmClyde, --- U.S. ----, 114 S.Ct. 1461, --- L.Ed.2d ---- which adopts the proportionate share rule, under which actions for contribution against settling defendants are neither necessary nor permitted. P. 1472.

990 F.2d 606 (CA11 1993), vacated and remanded.

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

Justice STEVENS delivered the opinion of the Court.

¶1

We granted certiorari, 509 U.S. ----, 114 S.Ct. 39, 125 L.Ed.2d 788 (1993), to consider the question whether, in an action against several alleged joint tortfeasors under general maritime law, the plaintiff's settlement with one defendant bars a claim for contribution brought by nonsettling defendants against the settling defendant. Because the opinion that we announce today in McDermott, Inc. v. AmClyde, --- U.S. ----, 114 S.Ct. 1461, --- L.Ed.2d ---- adopts the proportionate share rule, under which actions for contribution against settling defendants are neither necessary nor permitted, we vacate the judgment of the Court of Appeals and remand the case for further proceedings consistent with that opinion.

¶2

It is so ordered.

*

The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Lumber Co.,200 U.S. 321, 337, 26 S.Ct. 282, 287, 50 L.Ed. 499.

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