Sherwin Lead-Paint Suit Against County Dries Up In 3rd Circ.

Law360 (July 31, 2020, 10:13 PM EDT) -- A Third Circuit panel on Friday found a lower court did not err when it tossed Sherwin-Williams' suit against a Pennsylvania county that attempted to stave off potentially pending lead-paint litigation, affirming the company lacked standing to bring the litigation and failed to allege any existing or impending injury.

In a published opinion authored by Circuit Judge Thomas Hardiman, the panel found there were too many unknowns to rule in favor of the paint company, whose litigation the circuit judges characterized as an attempt to practice the theory that "a best defense is a good offense."

The company's lawsuit, filed in...

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