ConAgra Grocery Products Co. v. California

Petition for certiorari denied on October 15, 2018

Linked with:

The Sherwin-Williams Co. v. California

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

Issue: (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

Quiet day for orders (Amy Howe, October 15, 2018)
Petitions of the week (Aurora Barnes, August 9, 2018)

Date	Proceedings and Orders (key to color coding)
04/20/2018	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.
04/25/2018	Application (17A1163) granted by Justice Kennedy extending the time to file until June 14, 2018.
05/21/2018	Application (17A1163) to extend further the time from June 14, 2018 to July 14, 2018, submitted to Justice Kennedy.
05/22/2018	Application (17A1163) granted by Justice Kennedy extending the time to file until July 14, 2018.
07/16/2018	Petition for a writ of certiorari filed. (Response due August 17, 2018)
07/26/2018	Blanket Consent filed by Petitioners, ConAgra Grocery Products Company, et al..
07/30/2018	Blanket Consent filed by Respondent, California.
08/03/2018	Motion to extend the time to file a response from August 17, 2018 to September 17, 2018, submitted to The Clerk.
08/08/2018	Motion to extend the time to file a response is granted and the time is extended to and including September 17, 2018.
08/15/2018	Brief amicus curiae of Washington Legal Foundation filed.
08/16/2018	Brief amici curiae of States of Indiana, et al. filed. VIDED.
08/17/2018	Brief amicus curiae of Pacific Legal Foundation filed.
08/17/2018	Brief amicus curiae of American Coatings Association filed. VIDED
08/17/2018	Brief amicus curiae of Product Liability Advisory Council, Inc. filed. VIDED.
08/17/2018	Brief amicus curiae of The National Organization of African Americans in Housing filed. VIDED.
08/17/2018	Brief amicus curiae of Retail Litigation Center, Inc. filed. VIDED.
08/17/2018	Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.
08/17/2018	Brief amici curiae of Civil Justice Association of California, et al. filed. VIDED.
08/17/2018	Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
08/17/2018	Brief amicus curiae of Distinguished Legal Scholars filed. VIDED.
08/22/2018	Brief of respondent California in opposition filed. VIDED.
09/04/2018	Reply of petitioners ConAgra Grocery Products Company, et al. filed.
09/05/2018	DISTRIBUTED for Conference of 9/24/2018.
09/20/2018	Rescheduled.
10/01/2018	DISTRIBUTED for Conference of 10/5/2018.
10/02/2018	Rescheduled.
10/09/2018	DISTRIBUTED for Conference of 10/12/2018.
10/15/2018	Petition DENIED.