THE Case(s) Against Sherwin

A spandrel crack is a hairline fracture which forms on a building’s perimeter beam, the structural segment spanning from a window head to the sill of the window directly above it.  A fissure which might go unnoticed at a casual glance, but an engineer would never miss its warning.

Because to that expert a spandrel crack is evidence that a structure's façade has shifted, changing the load forces so that further degradation is a risk.  A nearly imperceptible flaw of that aesthetic, whose presence portends more foundational concerns.

Monty, that's a metaphor for how bad shit's about to get.

On May 14^th a complaint was filed against Sherwin-Williams in the United States District Court for Western Pennsylvania, accusing that company of creating a nuisance from their toxic fumes, causing property damage by “intentionally, recklessly, willfully, and/or negligently failing to properly construct and/or maintain the facility.”  A plagiarism I’ll allow as it advances the effort to force that plant closed and into compliance with the law before operations can recommence.

The case seeks class action status for everyone living within a mile of that plant, though I suspect that that will be amended to three miles before the case goes too much further.  The firm filing the claim stated they have already been contacted by more than 40 prospective victims, a number which should multiply several times before this case reaches a jury.  As their claim demands and I hope that they insist on, because the public deserves to know what Sherwin-Williams is capable of.  And if they settle—as most cases do—that will not happen. 

Making this lawsuit the spandrel crack of Sherwin’s perdition.    

Having already been found guilty of creating a public nuisance by the state’s Department of Environmental Protection (DEP), this case is about compensating victims claiming property damage.  The low-hanging fruit of these class action claims requiring little more than the results of environmental tests to onboard a new client, but a crucial first step in bringing accountability to Cleveland. 

Taking longer to develop will be claims for the harm to human health and premature death which should be coming forthwith, according to sources familiar with those cases. 

And even when those cases come, they may seem more a crack in the façade, rather than a rumbling in the foundation.  Also likely to begin with just a few plaintiffs representing a class, both cases will take years to develop into the thousands who will ultimately bear witness to what Sherwin has done in Rochester and the surrounding areas. 

After that will come the municipalities and water authorities, who will all have to spend millions to undo what Sherwin hath wrought.  With culpability determined, Sherwin-Williams will be presented that bill, perhaps their greatest financial exposure.  Which I’ll blame on CEO Heidi Petz, but she can blame Pennsylvania’s DEP, which should be ashamed for allowing this to go on for so long.  A sin the agency should answer for, though that doesn’t mean it will

But before all that happens I expect the plant will close, likely as a result of an injunction won by a plaintiff mentioned above.  Or any of the others who come forward in the coming months, in an expected deluge of cases out of Rochester.

Piling on is another lawsuit out of Pennsylvania, this one accusing Sherwin of violating the Pennsylvania Minimum Wage Act (PMWA), which requires an employer to compensate an employee for “all hours worked.”  Which we already knew Sherwin-Williams does not like to do. 

Add a case from Georgia also filed in May and it was time for a podcast detailing those claims, which I recorded live earlier this week and will have posted Monday. 

This week on LIVE recorded May 27^th was the CEO of Diamond Vogel Paints, Jeff Powell.  Diamond Vogel recently divested their retail paint stores, though I’ll leave it to Jeff to tell you why they did.  Plus his insights on inflation and the demand for coatings from the perspective of both an architectural and industrial coatings manufacturer and as always, Jeff helps fill in lots of blanks. 

And a conversation about ethics intended to be an aside which made the final cut.  To silence critics who claim it’s only Sherwin’s ethics I’m obsessed with, and to make the point that ethics are a choice.  Which Jeff and Diamond Vogel made for me, thanks to both for teaching that lesson. 

Can catch THE episode here.