Columbus, OH Dismissal of lead paint suit - What you're saying

The City of Columbus dismissed the lead paint public nuisance lawsuit, with prejudice.  Here is a copy of that as it pertains to one of the defendants - Sherwin-Williams Download Sherwin-CityofColsDismissal.pdf.

We know that this decision was made by the City Fathers and its lawyer after the unanimous decision by the Rhode Island Supreme Court to overturn the verdict against Sherwin-Williams, NL Industries, and Millennium Holdings.  In the media coverage following that RI SC ruling the powers-that-be in Columbus indicated that they would review the City's own lawsuit as a result of the ruling in RI. Here is a copy of that RI SC opinion Download statev.LeadIndustriesAssoc.,Inc..pdf.

Given the symbolic importance of this dismissal by Columbus - that is, it's another victory for the lead paint defendants - I wanted to present lead paint watchers' reactions.

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"The case had no legal legs, really," responds our Inside-the-Beltway attorney. "Ohio law would not have countenanced it," this attorney continues. "Political legs got shot out from under it on July 1st in Providence, Rhode Island.  This was a wise move by the City of Columbus attorney.  The plaintiff bar needs to regroup on this one, probably recognizing that it'll have to foster legislation which can enable it to succeed in key states around the country.  My guess is they will wait until after the anticipated big Democratic election tallies across the United States this November."

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"The City of Columbus followed settled law by asking the court to dismiss this lawsuit," said Jones Day attorney Chuck Moellenberg Jr., speaking on behalf of the defendants in this lawsuit.

"The lawsuit was legally and factually wrong in suing companies that lawfully made products that the city, painters and consumers demanded historically as the best on the market. The lawyers who sold Columbus on this lawsuit made much of similar litigation in Rhode Island.  Now the unanimous ruling by the Rhode Island Supreme Court last week that dismissed the Rhode Island case has confirmed that the public nuisance lawsuits are ill-advised and without merit. 

"Extraordinary progress has been made in addressing lead risks to children from all sources. Enforcement of current Ohio law requiring property owners to keep their properties in safe condition and free of hazards will finish the job."

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"If the City of Columbus intends to attract 21st century business and tourism, this was a step in the right direction," opines a Wall Street expert.  "Clearly, the U.S. auto industry, on which Ohio was so dependent, will emerge from this current downturn a sliver of its former self.  Dismissing this frivolous lawsuit sends the message to high-tech and the service sector that the City of Columbus understands how interconnected all our institutions are - economic, political, business, legal."

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"The irony in these lawsuits," asserts a Midwest attorney, "is that in many cases government - federal, state and city - specified a certain percentage of lead pigment in its contracts.  Government wanted the lead content because it provided durability and was easy to maintain.  Of course, it's been suggested that the defendants should sue the government because of these specs but I don't see that happening."

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"Congratulations Columbus, Ohio," says Long Island lead paint watcher. "You finally got smart."

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Lead paint watchers' reactions wanted.  Please leave a comment or contact Mgenova981@aol.com.