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May 11, 2008

RI Budget Hole - Will it hover over SC lead paint appeal

"State official learned yesterday that Rhode Island's financial problems have grown substantially worse," reports Steve Peoples in THE PROVIDENCE JOURNAL.  In fact, the hole grew by about $50 to $55 million.  Earlier the powers-that-be anticipated a total deficit of $384 million.  That's now history.

The question for lead paint watchers is: Will that worsening financial condition hover over the RI Supreme Court oral arguments this coming Thursday.  The plaintiff's request for more than $26 million for compensatory damages might sound "fair."  After all, the plaintiff argues that three state agencies have over time spent that much on diagnosing, treating and preventing childhood lead paint poisoning.  To get this money reimbursed, the plaintiff is requesting a new trial, claiming that the trial court made errors in not allowing for compensatory damages.

We all know that political and public policy issues intersect with legal ones.  It will be interesting if Special Assistant Attorney General Genevieve Allaire-Johnson, who is presenting the state's arguments on compensatory damages, alludes to RI budget problems. [Here is the list of plaintiff presenters Download NoticeofCounsel.pdf ]. 

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