No. 18-86

The Sherwin-Williams Company v. California

Lower Court: California
Docketed: 2018-07-18
Status: Denied
Type: Paid
Amici (1)Relisted (3)
Tags: causation civil-rights consumer-protection due-process first-amendment free-speech product-promotion public-nuisance retroactive-liability
Latest Conference: 2018-10-12 (distributed 3 times)
Related Cases: 18-84 (Vide)
Question Presented (from Petition)

1. In conflict with decisions of this Court and the
Third Circuit, does the First Amendment permit Cal-ifornia to impose tort liability for truthfully promoting
a lawful product that it finds to be hazardous in some
uses?

2. Doe s the Due Process Clause allow a state to
impose retroactive and grossly disproportionate pub-lic nuisance liability to inspect and abate millions of residences based on decades -old promotions without
evidence that consumers relied on those promotions or that petitioner 's lead paint is in any residence?

Question Presented (AI Summary)

Whether the First Amendment permits imposing tort liability for truthfully promoting a lawful product later deemed hazardous

Docket Entries

2018-10-15
Petition DENIED.
2018-10-09
DISTRIBUTED for Conference of 10/12/2018.
2018-10-02
Rescheduled.
2018-10-01
DISTRIBUTED for Conference of 10/5/2018.
2018-09-20
Rescheduled.
2018-09-05
DISTRIBUTED for Conference of 9/24/2018.
2018-09-04
Reply of petitioner The Sherwin-Williams Company filed.
2018-08-17
Brief amici curiae of Atlantic Legal Foundation and Association of National Advertisers filed.
2018-08-08
Motion to extend the time to file a response is granted and the time is extended to and including September 17, 2018.
2018-08-03
Motion to extend the time to file a response from August 17, 2018 to September 17, 2018, submitted to The Clerk.
2018-07-30
Blanket Consent filed by Respondent, The People of California.
2018-07-27
Blanket Consent filed by Petitioner, The Sherwin-Williams Company.
2018-07-16
Petition for a writ of certiorari filed. (Response due August 17, 2018)
2018-05-22
Application (17A1163) granted by Justice Kennedy extending the time to file until July 14, 2018.
2018-05-21
Application (17A1163) to extend further the time from June 14, 2018 to July 14, 2018, submitted to Justice Kennedy.
2018-04-25
Application (17A1163) granted by Justice Kennedy extending the time to file until June 14, 2018.
2018-04-20
Application (17A1163) to extend the time to file a petition for a writ of certiorari from May 15, 2018 to June 14, 2018, submitted to Justice Kennedy.

Attorneys

American Coatings Association
Eric G. LaskerHollingworth LLP, Amicus
Atlantic Legal Foundation and Association of National Advertisers
Martin Sander KaufmanAtlantic Legal Foundation, Amicus
Chamber of Commerce of the United States of America
Jeffrey S. BucholtzKing & Spalding LLP, Amicus
Civil Justice Association of California, et al.
Fred J. HiestandFred J. Hiestand, A Professional Corporation, Amicus
Distinguished Legal Scholars
Daniel H. BrombergQuinn Emanuel Urquhart & Sullivan LLP, Amicus
National Association of Manufacturers, et al.
Philip S. GoldbergShook Hardy & Bacon LLP, Amicus
Product Liability Advisory Council, Inc.
Alan Jay LazarusDrinker, Biddle & Reath, LLP, Amicus
Retail Litigation Center, Inc.
Pratik Arvind ShahAkin Gump Strauss Hauer & Feld, LLP, Amicus
States of Indiana, et al.
Thomas M. FisherOffice of the Indiana Attorney General, Amicus
The National Organization of African Americans in Housing
Robert B. GilbreathHawkins Parnell Thackston & Young LLP, Amicus
The People of California
Michael RubinAltshuler & Berzon, Respondent
The Sherwin-Williams Company
Leon F. DeJulius Jr.Jones Day, Petitioner