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Briefing Highlights Podcast

Briefing Highlights Podcast

 

Podcast regarding California Public Nuisance case v. Sherwin- Williams and ConAgra (MP3)
by Richard A. Epstein, of the University of Chicago, representing legal scholars who filed an amici brief in support of the companies
September 17, 2018
Transcript of Podcast (PDF)

 

Federalist Society Teleforum —  California and Lead Paint Public Nuisance Case — Painting Over the U.S. Constitution (MP3)
September 20, 2018
Transcript of Podcast (PDF)

 

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“The stakes are high. If the Supreme Court does not provide a course correction, manufacturers will face even more lawsuits seeking massive and unprincipled liability. Already, this misuse of tort law has inspired several other public nuisance cases, putting manufacturing jobs at risk in order to line the pockets of trial lawyers.

- Executive Director Lindsey de la Torre, National Association of Manufacturers (Quoted in  Manufacturers Accountability Project Blog,  August 20, 2018)

“You can’t demand companies to have clairvoyance, . . . It’s the precedent we’re concerned about. We believe that what they’re doing in regard to Sherwin-Williams certainly would apply to many other categories.” 

“We’re constantly learning things about products we didn’t think were of any concern,”

- Dan Jaffe, Group EVP, Government Relations, Association of National Advertisers, (Quoted in Wall Street Journal, September 2, 2018)

“Just in the last twelve months, in federal courts alone, at least 80 new public nuisance cases of this sort have been filed by states and other government entities against American businesses, all seeking to impose sweeping liability based on similarly novel theories,”. . . “The recent avalanche of public nuisance claims under the new California doctrine will bury American business in even greater litigation costs and burdens.”

- U.S. Chamber attorney Jeffrey Bucholtz , (Quoted in Law.com, August 16, 2018) 

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