The Sherwin-Williams Co. v. California
Petition for certiorari denied on October 15, 2018
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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
- Quiet day for orders (Amy Howe, October 15, 2018)
- Petitions of the week (Aurora Barnes, August 9, 2018)