ACA Amicus Program – Judicial Update
Background
ACA’s Amicus Program has focused on several cases impacting products liability theories and other issues that impact the coatings industry.
ACA Action
1. Amicus brief in Loper Bright Enterprises v. Raimondo (U.S. Sup. Ct. 2023) to urge the U.S. Supreme Court to overrule Chevron, which stands to provide a high degree of deference to an agency’s interpretation of vague or ambiguous statutory language. A decision in the case is expected in the spring of 2024. ACA will keep the LGAC apprised of further developments in this case.
2. Amicus Brief in Edwards v. Scapa Waycross (S.C. Sup. Ct. 2023), in which ACA joined a coalition of industry groups to oppose the “cumulative exposure” theory for proving causation in toxic tort cases under South Carolina law. Acceptance of that theory would allow plaintiffs to essentially sidestep their duty to prove a meaningful dose that could cause the harm at issue in the case. A decision in this case is expected in 2024. ACA will keep the LGAC apprised of further developments in this case.
ACA Staff
Jeff Wasikowski
Vice President, General Counsel and Corporate Secretary