"Now that the euphoria has worn off for the RI lead paint defendants," Midwest Brandname Attorney Reflects

A dedicated lead paint watcher even though he's not involved in the litigation, this brandname Midwest attorney has anticipated that eventually the high following the Rhode Island Supreme Court decision could turn to a sadder state.  This attorney reflects:

"Once the elation of the Rhode Island Supreme Court victory wears off for the defendants Sherwin-Williams, NL Industries and Millennium Holdings, I'll bet they start to feel some serious frustration.

"They - or their insurers - must have spent tens of millions of dollars defending these cases.  They have experienced years of undeserved pressure on their businesses and their stock prices.

"What do they get, in the end? A decision stating that the case should have been thrown out at the very beginning, back when the complaint was first filed. [Here is a copy of that decision Download statev.LeadIndustriesAssoc.,Inc..pdf] Before any discovery.  Before any trial. Essentially, an in as kindly a tone as it could muster, the Rhode Island Supreme Court said that the trial judge should have thrown this lawsuit out as soon as he saw it.

"The lawsuit illustrates well why companies often settle cases with no merit - because they can be made to spend millions, and suffer collateral damage to their stock prices, while the determination of their innocence is delayed. And once they win, they can't get back all of that money or undo the suffering.

"The suit also shows why the only correct decision is to fight these cases on the merits.  Companies that settle meritless lawsuits provide a revenue stream for plaintiff lawyers who, being smart and entrepreneurial, keep coming back for more.  Money paid to 'buy peace' winds up funding a war.

"For corporate defendants, the only lasting peace is won through justice.  As we have all seen, the pursuit of justice requires a lot of guts, patience, and money.

"A toast to vindicated defendantst Sherwin-Williams, NL Industries, ARCO, and Millennium. You did it right."