Supreme Court of the United States · Official docket →
The Sherwin-Williams Company v. California
Paid petition · Court of Appeal of California, Sixth Appellate District, No. H040880 · judgment November 14, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The California courts held petitioner The Sherwin-Williams Company, together with two other companies, jointly and severally liable for creating a public nuisance, because it advertised lead paint for thenlawful uses over 70 years ago. The California courts have declared that the presence of interior residential lead paint is a public nuisance. Although lead paint was lawful to use in residential interiors at the time of promotion, the courts deemed that Sherwin-Williams’ decades-earlier truthful promotions were “misleading,” because they “necessarily implied that lead paint was safe.” The courts, accordingly, held that Sherwin-Williams’ advertising, though factually truthful, was not entitled to First Amendment protections for freedom of speech and freedom of association and applied a new standard of public nuisance liability premised only on product promotion to hold Sherwin-Williams liable. The courts did not require any evidence that anyone had relied on Sherwin-Williams’ promotions to use lead paint inside residences or any evidence that Sherwin-Williams’ products remained in any residence. As a result, the courts held Sherwin Williams liable to pay to inspect and abate more than a million privately-owned houses and apartment buildings in ten of California’s largest cities and counties.
Counsel of record
For petitioner
Leon F. DeJulius Jr.
Jones Day
For respondent
Michael Rubin
Altshuler & Berzon
Proceedings
- Oct 15 2018Petition DENIED.
- Oct 09 2018DISTRIBUTED for Conference of 10/12/2018.
- Oct 02 2018Rescheduled.
- Oct 01 2018DISTRIBUTED for Conference of 10/5/2018.
- Sep 20 2018Rescheduled.
- Sep 05 2018DISTRIBUTED for Conference of 9/24/2018.
- Sep 04 2018Reply of petitioner The Sherwin-Williams Company filed.
- Aug 22 2018Brief of respondent The People of California in opposition filed. VIDED.
- Aug 17 2018Brief amicus curiae of American Coatings Association filed. VIDED
- Aug 17 2018Brief amicus curiae of Retail Litigation Center, Inc. filed. VIDED.
- Aug 17 2018Brief amicus curiae of Distinguished Legal Scholars filed. VIDED.
- Aug 17 2018Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.
- Aug 17 2018Brief amicus curiae of The National Organization of African Americans in Housing 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 Product Liability Advisory Council, Inc. filed. VIDED.
- Aug 17 2018Brief amici curiae of Civil Justice Association of California, et al. filed. VIDED.
- Aug 16 2018Brief amici curiae of States of Indiana, et al. filed. VIDED.
- 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 03 2018Motion to extend the time to file a response from August 17, 2018 to September 17, 2018, submitted to The Clerk.
- Jul 30 2018Blanket Consent filed by Respondent, The People of California.
- Jul 27 2018Blanket Consent filed by Petitioner, The Sherwin-Williams Company.
- Jul 16 2018Petition for a writ of certiorari filed. (Response due August 17, 2018)
- May 22 2018Application (17A1163) granted by Justice Kennedy extending the time to file until July 14, 2018.
- May 21 2018Application (17A1163) to extend further the time from June 14, 2018 to July 14, 2018, submitted to Justice Kennedy.
- Apr 25 2018Application (17A1163) granted by Justice Kennedy extending the time to file until June 14, 2018.
- 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.