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The Sherwin-Williams Co. v. California

Petition for certiorari denied on October 15, 2018

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Docket No. Argument Opinion Vote Author Term
18-86 N/A N/A N/A N/A OT 2018

Issue: (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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/20/2018Application (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.
04/25/2018Application (17A1163) granted by Justice Kennedy extending the time to file until June 14, 2018.
05/21/2018Application (17A1163) to extend further the time from June 14, 2018 to July 14, 2018, submitted to Justice Kennedy.
05/22/2018Application (17A1163) granted by Justice Kennedy extending the time to file until July 14, 2018.
07/16/2018Petition for a writ of certiorari filed. (Response due August 17, 2018)
07/27/2018Blanket Consent filed by Petitioner, The Sherwin-Williams Company.
07/30/2018Blanket Consent filed by Respondent, The People of California.
08/03/2018Motion to extend the time to file a response from August 17, 2018 to September 17, 2018, submitted to The Clerk.
08/08/2018Motion to extend the time to file a response is granted and the time is extended to and including September 17, 2018.
08/16/2018Brief amici curiae of States of Indiana, et al. filed. VIDED.
08/17/2018Brief amicus curiae of American Coatings Association filed. VIDED
08/17/2018Brief amicus curiae of Product Liability Advisory Council, Inc. filed. VIDED.
08/17/2018Brief amicus curiae of The National Organization of African Americans in Housing filed. VIDED.
08/17/2018Brief amicus curiae of Retail Litigation Center, Inc. filed. VIDED.
08/17/2018Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.
08/17/2018Brief amici curiae of Civil Justice Association of California, et al. filed. VIDED.
08/17/2018Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
08/17/2018Brief amici curiae of Atlantic Legal Foundation and Association of National Advertisers filed.
08/17/2018Brief amicus curiae of Distinguished Legal Scholars filed. VIDED.
08/22/2018Brief of respondent The People of California in opposition filed. VIDED.
09/04/2018Reply of petitioner The Sherwin-Williams Company filed.
09/05/2018DISTRIBUTED for Conference of 9/24/2018.
09/20/2018Rescheduled.
10/01/2018DISTRIBUTED for Conference of 10/5/2018.
10/02/2018Rescheduled.
10/09/2018DISTRIBUTED for Conference of 10/12/2018.
10/15/2018Petition DENIED.