It may be the summer doldrums in terms of issuing decision, but an interesting petition for cert was filed last week that may have a decent chance of being granted. ConAgra Grocery Products Co. and NL Industries, Inc. v. People of California.
It certainly has firepower behind it, with Paul Clement as Counsel of Record, along with a host of others from Kirkland & Ellis and Reed Smith. It also involves substantial $$ – hundreds of millions of dollars. And it relates to an issue that I worked on years ago with a then-partner at PA named William Kayatta, now of the First Circuit: to what extent can companies who long ago manufactured lead pigment or paint or their successors be held liable now in public nuisance for lead paint on buildings today? The folks at Jones Day also filed a petition for cert in the same case. Sherwin-Williams Company v. People of California.