U.S. Supreme Court

Case Status


Docket Number


Cert. Denied

Lower Court Opinion

California Court of Appeal


Questions Presented

1. Whether imposing massive and retroactive “public nuisance” liability without requiring proof that the defendant’s nearly century-old conduct caused any ii individual plaintiff any injury violates the Due Process Clause.

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.

Case Updates

Cert. petition denied

October 15, 2018

U.S. Chamber files amicus brief urging Supreme Court to review California state court’s novel approach to public nuisance claims in violation of the Due Process Clause

August 17, 2018

Click here to view the Chamber’s brief.

Jeffrey S. Bucholtz of King & Spalding LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents