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October 04, 2006

Sherwin-Williams - Bold, Pre-emptive Strike Against Lead Paint Lawsuits

Sherwin-Williams is pushing back. 

Since the late 1990s, Sherwin-Williams has been among the list of deep pockets being sued by state and city governments because at one time it was associated with lead paint.  After years of being the defendant in those legal proceedings, Sherwin-Williams now is the plaintiff.

Last week, in U.S. District Court in Columbus, Ohio (OH), Sherwin-Williams filed a lawsuit against the city of Columbus, OH which is considering filing a complaint against this company as well as the other usual suspects (e.g. ARCO) in the running lead-paint litigation saga.  No, Columbus hasn't yet signed the contract with the lawyers putting that lawsuit in motion.  But, nonetheless, in a pre-emptive strike, Sherwin-Williams has asked the court to stop the city of Columbus from suing it.

There's more.  In that federal lawsuit, Sherwin-Williams, reports Jodi Andes and Mark Ferenchik for THE COLUMBUS DISPATCH, is also listing as defendants the cities of Toledo and East Cleveland which had already filed lawsuits against it and other companies previously involved with lead pigments.   And that's not all.  There's one more piece to the federal lawsuit: The Sherwin-Williams complaint also lists as John Doe cities others which might file at a later date.

What are the odds of Sherwin-Williams' winning this federal lawsuit?  That doesn't matter that much, does it.  Or maybe it doesn't matter at all.

What does matter, big time, is that Sherwin-Williams is sending the message to cities and states that they better think twice, maybe three or four times before suing it.  While ensnared in this sort of federal lawsuit those cities and states could go bankrupt.

The pursued has become the pursuer.

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