High Court Must Hear Lead Case To Prevent ‘Constitutional Damage,’ Companies Say

(September 14, 2018, 2:01 PM EDT) -- WASHINGTON. D.C. — The Sherwin-Williams Co. and ConAgra Grocery Products Co. filed reply briefs with the U.S. Supreme Court on Sept. 4, contending that it should grant certiorari and hear their appeal of a $1.15 billion award won by the state of California for a public nuisance caused by the presence of lead-based paint in buildings. Sherwin-Williams argues that the Supreme Court needs “to prevent further constitutional damage by California’s public nuisance theory,” and ConAgra says that the lower court’s decision “cannot be reconciled” with the Supreme Court’s due process cases (ConAgra Grocery Products Company v. California, No. 18-84, Sherwin-Williams v. California, No. 18-86, U.S. Sup.)....

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