U.S. Supreme Court

Case Status


Docket Number


Cert. Denied

Lower Court Opinion


Questions Presented

1. In conflict with decisions of this Court and the Third Circuit, does the First Amendment permit California to impose tort liability for truthfully promoting a lawful product that it finds to be hazardous in some uses?

2. Does the Due Process Clause allow a state to impose retroactive and grossly disproportionate pub-lic 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?

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