Legal Expert Weighs In on Implications of RI Lead Paint Ruling

A legal expert who isn't a practicing attorney shares with us an opinion about the serious possible implications of Judge Michael Silverstein's ruling today in the Rhode Island lead paint trial II.

Off-the-record, here is the opinion:

Anyone who reads Judge Michael Silverstein's 197-page ruling will note that what he says has the potential to turn this litigation in a direction which highly favors the plaintiffs.  In essence, Judge Silverstein has redefined causation and nuisance law.  It's quite similar to what happened in the THOMAS case when the Wisconsin Supreme Court reversed the appellate level's decision which had granted summary judgment to the paint companies in 2005.

If this RI ruling gains traction elsewhere - e.g. Ohio where six cities are suing the former lead paint companies - the standard for proving causation will be very low and just about anything could qualify as a nuisance.  Incidentally, today's ruling could also have ramifications in the realm of obesity lawsuits.

Both tort and Wall Street watchers will be paying close attention to what transpires when this litigation reaches the RI Supreme Court.  The defendants announced that is their next step.

Copy of Judge Silverstein's ruling available free by contacting me at mgenova981@aol.com.