"Landmark Victory for Common Sense," RI Lead Paint Defendants Describe SC Ruling

Way back in 1994, Philip K. Howard called for the U.S. legal system to return to common sense in his book titled, of course, "The Death of Common Sense."

Well, today, at least according to the three defendants in the Rhode Island lead paint public nuisance lawsuit, there has been a "landmark victory for common sense."  That victory has come in the form of the RI Supreme Court ruling to overturn the verdict in the trial which found Sherwin-Williams, NL Industries and Millennium Holdings guilty of contributing to a public nuisance and responsible for abating that nuisance.

In the media release jointly issued by the three defendants, spokesperson for them Charles H. Moellenberg, Jr. said just that, "Today's ruling is a landmark victory for common sense and for responsible companies that did the right thing."  Moellenberg, an attorney with Jones Day, represents Sherwin-Williams in the lead paint litigation.

Moellenberg went on to declare, "This case should never have been filed - it was factually wrong and legally flawed.  A company should not be held liable when there is no proof that it did anything wrong.  It has taken nine years and two juries, but the Supreme Court's decision today puts public nuisance law in Rhode Island squarely in line with the overwhelming majority of jurisdictions of the United States."

In the media statement, the defendants also pointed out that the RI SC noted that the state's General Assembly's approach to lead paint and its regulations aimed at reducing lead hazards "have proven effective and, as a result, the entire state - including its 'core cities' - has experienced substantial declines in lead poisoning.'"

Readers can reach Prism Public Affairs, which is the official agency handling the RI defendants' media relations, in Providence, RI by contacting Gregg Perry at Greggperry@prismpublicaffairs.com, 401-351-5200.  Its website is here.