The Sherwin-Williams Co. v. California
Petition for certiorari denied on October 15, 2018.
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.
Recommended Citation: The Sherwin-Williams Co. v. California, SCOTUSblog, https://www.scotusblog.com/cases/the-sherwin-williams-co-v-california/