Musick, Peeler & Garrett v. Employers Ins. of Wausau

7 Fla. L. Weekly Fed. S 343, 113 S. Ct. 2085, 124 L. Ed. 2d 194, 508 U.S. 286, 1993 U.S. LEXIS 3743, 61 U.S.L.W. 4520, 93 Cal. Daily Op. Serv. 3923
CourtSupreme Court of the United States
DecidedJune 1, 1993
Docket92-34
StatusPublished
Cited by142 cases

This text of 7 Fla. L. Weekly Fed. S 343 (Musick, Peeler & Garrett v. Employers Ins. of Wausau) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Musick, Peeler & Garrett v. Employers Ins. of Wausau, 7 Fla. L. Weekly Fed. S 343, 113 S. Ct. 2085, 124 L. Ed. 2d 194, 508 U.S. 286, 1993 U.S. LEXIS 3743, 61 U.S.L.W. 4520, 93 Cal. Daily Op. Serv. 3923 (U.S. 1993).

Opinions

[288]*288Justice Kennedy

delivered the opinion of the Court.

Where there is joint responsibility for tortious conduct, the question often arises whether those who compensate the injured party may seek contribution from other joint tortfeasors who have paid no damages or paid less than their fair share. In this case we must determine whether defendants in a suit based on an implied private right of action under § 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 of the Securities and Exchange Commission (a 10b-5 action) may seek contribution from joint tortfeasors. Without addressing the merits of the claim for contribution in this case, we hold that defendants in a 10b-5 action have a right to seek contribution as a matter of federal law.

I

Cousins Home Furnishings, Inc., made a public offering of its stock in December 1983. The stock purchasers later brought a class action against Cousins, its parent company, various officers and directors of Cousins, and two lead underwriters. The plaintiffs alleged the stock offering was misleading in material respects, in violation of §§ 11 and 12 of the Securities Act of 1933 (1933 Act), 48 Stat. 82, 84, 15 U. S. C. §§77k and 771, § 10(b) of the Securities Exchange Act of 1934 (1934 Act), 48 Stat. 891, 15 U. S. C. §78j(b), and certain state laws. The named defendants settled with the plaintiffs for $13.5 million. Respondents, who insured most of the named defendants, funded $13 million of the settlement. Subrogated to the rights of their insureds, respondents brought this lawsuit seeking contribution from petitioners, who were the attorneys and accountants involved in the public offering. Respondents’ complaint alleged these pro[289]*289fessionals 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 [290]*2901934 and Rule 10b-5 of the Securities [and] Exchange Commission,” Pet. for Cert. i. 506 U. S. 814 (1992).

II

Requests to recognize a right to contribution for defendants liable under federal law are not unfamiliar to this Court. Twice we have declined to recognize an action for contribution under federal laws outside the arena of securities regulation. In Northwest Airlines, Inc. v. Transport Workers, 451 U. S. 77 (1981), we held that an employer had no right to contribution against unions alleged to be joint participants with the employer in violations of the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. Later that same Term, in Texas Industries, Inc. v. Radcliff Materials, Inc., 451 U. S. 630 (1981), we determined that there is no right to contribution for recovery based on violation of § 1 of the Sherman Act.

On the other hand, we endorsed a nonstatutory right to contribution among joint tortfeasors responsible for injuring a longshoreman in Cooper Stevedoring Co. v. Fritz Kopke, Inc., 417 U. S. 106 (1974). We have been careful to note that Cooper does not stand for the proposition that there is a general right to contribution under federal law. Northwest Airlines, supra, at 96-97. Indeed, the rule announced in Cooper represented an exercise of our authority to provide just and equitable remedies for cases within our admiralty jurisdiction, a jurisdiction in which the federal courts have had historic, well-recognized responsibility for the elaboration of legal doctrine. See United States v. Reliable Transfer Co., 421 U. S. 397, 409 (1975). For our purposes, therefore, Cooper is less instructive than our decisions in Texas Industries and Northwest Airlines. But the instruction we receive from the latter two eases is that they are distinguishable from, rather than parallel to, the matter now before us.

The federal interests in both Texas Industries and Northwest Airlines were defined by statutory provisions that were [291]*291express in creating the substantive damages liability for which contribution was sought. Recognizing that the applicable statutes did not “implicate ‘uniquely federal interests’ of the kind that oblige courts to formulate federal common law,” Texas Industries, 451 U. S., at 642, we asked whether Congress “expressly or by clear implication” envisioned a contribution right to accompany the substantive damages right created, id., at 638, or, failing that, whether Congress “intended eourts to have the power to alter or supplement the remedies enacted,” id., at 645. See also Northwest Airlines, supra, at 91 and 97. But these inquiries are not helpful in the present context. The private right of action under Rule 10b-5 was implied by the Judiciary on the theory eourts should recognize private remedies to supplement federal statutory duties, not on the theory Congress had given an unequivocal direction to the courts to do so. Blue Chip Stamps v. Manor Drug Stores,

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7 Fla. L. Weekly Fed. S 343, 113 S. Ct. 2085, 124 L. Ed. 2d 194, 508 U.S. 286, 1993 U.S. LEXIS 3743, 61 U.S.L.W. 4520, 93 Cal. Daily Op. Serv. 3923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/musick-peeler-garrett-v-employers-ins-of-wausau-scotus-1993.