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ConAgra Grocery Products Co. v. California

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Petition for certiorari denied on October 15, 2018

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Docket No. Op. Below Argument Opinion Vote Author Term
18-84 Cal. Ct. App. N/A N/A N/A N/A OT 2018

Issues: (1) Whether imposing massive and retroactive “public nuisance” liability without requiring proof that the defendant’s nearly century-old conduct caused any individual plaintiff any injury violates the due process clause; and (2) whether retroactively imposing massive liability based on a defendant’s nearly century-old promotion of its then-lawful products without requiring proof of reliance thereon or injury therefrom violates the First Amendment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
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 26 2018Blanket Consent filed by Petitioners, ConAgra Grocery Products Company, et al..
Jul 30 2018Blanket Consent filed by Respondent, 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 15 2018Brief amicus curiae of Washington Legal Foundation filed.
Aug 16 2018Brief amici curiae of States of Indiana, et al. filed. VIDED.
Aug 17 2018Brief amicus curiae of Pacific Legal Foundation filed.
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 amicus curiae of Distinguished Legal Scholars filed. VIDED.
Aug 22 2018Brief of respondent California in opposition filed. VIDED.
Sep 04 2018Reply of petitioners ConAgra Grocery Products Company, et al. filed.
Sep 05 2018DISTRIBUTED for Conference of 9/24/2018.
Sep 20 2018Rescheduled.
Oct 01 2018DISTRIBUTED for Conference of 10/5/2018.
Oct 02 2018Rescheduled.
Oct 09 2018DISTRIBUTED for Conference of 10/12/2018.
Oct 15 2018Petition DENIED.