SHERWIN-WILLIAMS CO. v. COUNTY OF DELAWARE, PA

No. 19-3561.

968 F.3d 264 (2020)

SHERWIN-WILLIAMS COMPANY, Appellant v. COUNTY OF DELAWARE, PENNSYLVANIA; County of Erie, Pennsylvania; County of York, Pennsylvania; John P. McBlain, in his official capacity as Chairman of the County Council of the County of Delaware, Pennsylvania; Colleen P. Morrone, in her official capacity as Vice Chairman of the County Council of the County of Delaware, Pennsylvania; Michael Culp, in his official capacity as member of the County Council of the County of Delaware, Pennsylvania; Kevin M. Madden, in his official capacity as member of the County Council of the County of Delaware, Pennsylvania; Brian P. Zidek, in his official capacity as member of the County Council of the County of Delaware, Pennsylvania; Dr. Kyle W. Foust, in his official capacity as County Council Chairman of the Erie County Council; Fiore Leone, in his official capacity as County Vice Chairman of the Erie County Council; Kathy Fatica, in her official capacity as Finance Chairwoman and member of the Erie County Council; Carol J. Loll, in her official capacity as Finance Vice Chairwoman and member of the Erie County Council; Andre R. Horton, in his official capacity as Personnel Chairman and member of the Erie County Council; Carl Anderson, III, in his official capacity as member of the Erie County Council; Scott R. Rastetter, in his official capacity as member of the Erie County Council; Susan Byrnes, in her official capacity as President of the Board of Commissioners for York County, Pennsylvania; Doug Hoke, in his official capacity as Vice President of the Board of Commissioners for York County, Pennsylvania; Chris Reilly, in his official capacity as a member of the Board of Commissioners for York County, Pennsylvania; John Doe Counties; John Does.

United States Court of Appeals, Third Circuit.

Filed: July 31, 2020.


Attorney(s) appearing for the Case

Leon F. DeJulius, Jr. [Argued], Jones Day, 250 Vesey St., New York, NY 10281, Anderson T. Bailey , Charles H. Moellenberg, Jr. , Jones Day, 500 Grant St., Suite 4500, Pittsburgh, PA 15219, Attorneys for Appellant Sherwin-Williams Company.

David S. Senoff [Argued], Hillary B. Weinstein , First Law Strategy Group, 121 South Broad St., Suite 300, Philadelphia, PA 19107, Attorneys for Appellees County of Delaware, et al.

Before: AMBRO, HARDIMAN, and RESTREPO, Circuit Judges.


OPINION OF THE COURT

It has been said that the best defense is a good offense. True to that adage, Sherwin-Williams Company sued several Pennsylvania counties to forestall lead-paint litigation those counties seemed poised to file with the assistance of outside counsel motivated by a contingent-fee agreement. The...

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