U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

1.  Whether, under this Court’s decision in Eastern Enterprises, the Due Process Clause or the Takings Clause prohibits states from imposing severe, retroactive economic liability that the defendant could not have anticipated at the time the defendant engaged in the conduct being challenged, and that is disproportionate to the defendant's experience and conduct in the marketplace?

2.  Whether, under this Court’s decisions in Phillip Morris and State Farm, the risk contribution theory violates the Due Process Clause by eliminating any meaningful causation requirement?

Case Updates

U.S. Supreme Court denies review of lead paint exposure case

May 18, 2015

The U.S. Supreme Court denied the petition for a writ of certiorari. Justice Alito took no part in the consideration or decision of the petition.

U.S. Chamber files amicus brief in support of cert.

February 13, 2015

In its brief, the U.S. Chamber joined several business groups to urge the U.S. Supreme Court to grant a certiorari petition to clarify whether the “risk contribution” theory of liability violates the Due Process or Takings Clause. The lower court held several lead paint manufacturers liable for contributing to the “risk” of a plaintiff’s injuries from lead exposure, even though the plaintiff was unable to identify which company produced the paint that allegedly caused his injury.

The brief argued that such “risk contribution” liability theories deprive defendants of their Due Process and Takings Clause rights by imposing liability without requiring a showing of causation.

The U.S. Chamber filed this brief with the National Association of Manufacturers, American Chemistry Council, American Coatings Association, Corn Refiners Association, and Pharmaceutical Research and Manufacturers of America.

Eric G. Lasker of Hollingsworth LLP served as counsel for the amici with the U.S. Chamber.

Case Documents