Environment & Energy Report

Sherwin-Williams Can’t Block County’s Potential Lead Paint Suit

July 31, 2020, 8:21 PM

Sherwin-Williams Co. can’t go forward with a suit to forestall potential lead-paint litigation by Delaware County, Pa., and strike down its contingent fee agreement with outside counsel, after the Third Circuit found the company’s claims “hypothetical and conjectural.”

The company lacks standing because it failed to show it has suffered an injury-in-fact, the U.S. Court of Appeals for the Third Circuit said Friday.

The claims are not ripe because they require speculation about whether the county will sue and what claims it would raise, thee court said.

The challenge to the contingent fee arrangement—that the county would cede control of...

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