The Sherwin-Williams Co. v. California

Pending petition

Linked with:

Docket No.
Op. Below
Argument
TBD
Opinion
TBD
Vote
TBD
Author
TBD
Term
TBD

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.

SCOTUSblog Coverage

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

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