The Sherwin-Williams Co. v. California
Petition for certiorari denied on October 15, 2018Linked with:
Issues: (1) Whether, in conflict with decisions of the Supreme Court and the U.S. Court of Appeals for the 3rd Circuit, the First Amendment permits California to impose tort liability for truthfully promoting a lawful product that it finds to be hazardous in some uses; and (2) whether the due process clause allows a state to impose retroactive and grossly disproportionate public 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.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Apr 20 2018 | 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. |
| Apr 25 2018 | Application (17A1163) granted by Justice Kennedy extending the time to file until June 14, 2018. |
| May 21 2018 | Application (17A1163) to extend further the time from June 14, 2018 to July 14, 2018, submitted to Justice Kennedy. |
| May 22 2018 | Application (17A1163) granted by Justice Kennedy extending the time to file until July 14, 2018. |
| Jul 16 2018 | Petition for a writ of certiorari filed. (Response due August 17, 2018) |
| Jul 27 2018 | Blanket Consent filed by Petitioner, The Sherwin-Williams Company. |
| Jul 30 2018 | Blanket Consent filed by Respondent, The People of California. |
| Aug 03 2018 | Motion to extend the time to file a response from August 17, 2018 to September 17, 2018, submitted to The Clerk. |
| Aug 08 2018 | Motion to extend the time to file a response is granted and the time is extended to and including September 17, 2018. |
| Aug 16 2018 | Brief amici curiae of States of Indiana, et al. filed. VIDED. |
| Aug 17 2018 | Brief amicus curiae of American Coatings Association filed. VIDED |
| Aug 17 2018 | Brief amicus curiae of Product Liability Advisory Council, Inc. filed. VIDED. |
| Aug 17 2018 | Brief amicus curiae of The National Organization of African Americans in Housing filed. VIDED. |
| Aug 17 2018 | Brief amicus curiae of Retail Litigation Center, Inc. filed. VIDED. |
| Aug 17 2018 | Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED. |
| Aug 17 2018 | Brief amici curiae of Civil Justice Association of California, et al. filed. VIDED. |
| Aug 17 2018 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED. |
| Aug 17 2018 | Brief amici curiae of Atlantic Legal Foundation and Association of National Advertisers filed. |
| Aug 17 2018 | Brief amicus curiae of Distinguished Legal Scholars filed. VIDED. |
| Aug 22 2018 | Brief of respondent The People of California in opposition filed. VIDED. |
| Sep 04 2018 | Reply of petitioner The Sherwin-Williams Company filed. |
| Sep 05 2018 | DISTRIBUTED for Conference of 9/24/2018. |
| Sep 20 2018 | Rescheduled. |
| Oct 01 2018 | DISTRIBUTED for Conference of 10/5/2018. |
| Oct 02 2018 | Rescheduled. |
| Oct 09 2018 | DISTRIBUTED for Conference of 10/12/2018. |
| Oct 15 2018 | Petition DENIED. |
