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The Sherwin-Williams Co. v. California

Certiorari Denied

Petition for certiorari denied on October 15, 2018.

Docket No.18-86
Op. BelowCal. Ct. App.

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.

Proceedings & orders timeline

Apr 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.
Apr 25, 2018
Application (17A1163) granted by Justice Kennedy extending the time to file until June 14, 2018.
May 21, 2018
Application (17A1163) to extend further the time from June 14, 2018 to July 14, 2018, submitted to Justice Kennedy.
May 22, 2018
Application (17A1163) granted by Justice Kennedy extending the time to file until July 14, 2018.
Jul 16, 2018
Petition for a writ of certiorari filed. (Response due August 17, 2018)
Jul 27, 2018
Blanket Consent filed by Petitioner, The Sherwin-Williams Company.
Jul 30, 2018
Blanket Consent filed by Respondent, The People of California.
Aug 3, 2018
Motion to extend the time to file a response from August 17, 2018 to September 17, 2018, submitted to The Clerk.
Aug 8, 2018
Motion to extend the time to file a response is granted and the time is extended to and including September 17, 2018.
Aug 16, 2018
Brief amici curiae of States of Indiana, et al. filed. VIDED.
Aug 17, 2018
Brief amicus curiae of American Coatings Association filed. VIDED
Aug 17, 2018
Brief amicus curiae of Retail Litigation Center, Inc. filed. VIDED.
Aug 17, 2018
Brief amicus curiae of Distinguished Legal Scholars filed. VIDED.
Aug 17, 2018
Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.
Aug 17, 2018
Brief amicus curiae of The National Organization of African Americans in Housing filed. VIDED.
Aug 17, 2018
Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
Aug 17, 2018
Brief amici curiae of Atlantic Legal Foundation and Association of National Advertisers filed.
Aug 17, 2018
Brief amicus curiae of Product Liability Advisory Council, Inc. filed. VIDED.
Aug 17, 2018
Brief amici curiae of Civil Justice Association of California, et al. filed. VIDED.
Aug 22, 2018
Brief of respondent The People of California in opposition filed. VIDED.
Sep 4, 2018
Reply of petitioner The Sherwin-Williams Company filed.
Sep 5, 2018
DISTRIBUTED for Conference of 9/24/2018.
Sep 20, 2018
Rescheduled.
Oct 1, 2018
DISTRIBUTED for Conference of 10/5/2018.
Oct 2, 2018
Rescheduled.
Oct 9, 2018
DISTRIBUTED for Conference of 10/12/2018.
Oct 15, 2018
Petition DENIED.

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