Another victory for common sense. Baltimore won't become the next Wisconsin. HB 1156, the market-share liability bill pertaining to lead paint, has been defeated. It could have created the analog of the Wisconsin "Thomas" case [which lead paint defendants won] in Baltimore.
In Pointoflaw.com, Carter Wood reports that this bill would have required "specific manufacturers of lead pigment to reimburse specified persons for damages caused by lead-based paint in residential buildings in Baltimore City; establishing the types of damages caused by the presence of lead-based paint in residential buildings in Baltimore City for which manufacturers of lead pigment are liable to specified persons; creating the Lead Paint Restitution Fund."
In "Thomas," a personal injury lead paint lawsuit, the plaintiff has appealed. That appeal has been put on hold because the parent company of one of the defendants - Millennium Holdings - has filed for bankruptcy. At the time, "Thomas" was a closely watched case because of the market-share liability issue. That was allowed because of the Wisconsin Supreme Court ruling. The Wisconsin legislature tried to nix that ruling. Governor Jim Doyle vetoed that. So "Thomas" went to trial.
Hopefully, the defeat of HR 1156 delivers the fatal wound to the attempt to impose market-share liability on lead paint litigation.
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