Thanks to legal editor James Cordrey at LexisNexis, we find that lead is not dead as a legal issue. Or as a matter of media coverage. Cordrey's May 2009 edition of MEALEY'S LEAD LITIGATION REPORT is jumping with developments.
Here are the ones this blog hasn't already deconstructed for lead watchers.
* "Grace M. Rothman, et al. v. The City of New York, et al." Hearings are continuing among the 45 plaintiffs and the City of New York. The dispute is about the allegation that students and employees at PS 256 Q-Annex at Temple Beth El suffered because of lead-paint poisoning, asbestos exposure and mold. They seek more than $800 million in damages, as well as punitive damages and permanent injunctive relief.
The defendants are the City of New York, the New York City Department of Education, New York City School Construction Authority and Division of School Facilities.
* "Christopher Kydd v. Daarta Realty Corp." A New York appellate panel partly affirmed and partly reversed a summary judgment ruling in this lead poisoning lawsuit. The ruling indicated that although the realty corporation could be sued, the managing agent could not. That's because the agent had commenced his employment after the poisoning had already taken place.
* "Ashlie Seye, et al. v. Ralph Sibbio." A New York appellate panel affirmed a trial court's ruling which denied a landlord summary judgment. The judgment had dismissed a lead poisoning claim finding the plaintiffs had raised actionable issues of fact.
* "Rocco Farella, et al. v. City of New York." The Second Circuit U.S. Court of Appeals upheld a federal judge's decision which denied spoliation sanctions. The case had been filed by police officers alleging exposure to high levels of lead from indoor firing ranges. The ruling was based on affirming the jduge's finding of the lack of sufficient evidence.
* "Lateef Mackey, et al. v. Howard Kowlowitz, et al." The New York judge granted partial summary judgment to plaintiff alleging lead poisoning. The ruling concludes that there were triable issues of fact regarding the plaintiff's injuries.
* Team of researchers led by James A. MacKenzie of the State University of New York at Oswego concluded that even low levels of childhood lead exposure could generate negative impacts on the cardiovascular systems. That could produce adult hypertension.
* Millennium's parent company Lyondell Chemical Company filed notice that the $146 million creditors's claims should be valued at zero. That's because that the goods that were claimed to have been delivered by the creditors are "no longer identifiable."
Millennium is the defendant is a number of lead paint cases.
* "ACE American Insurance Co. v. RC2 Corp. Inc., et al." An Illinois federal judge had ruled that a liability insurer owed a defense to a seller of toys manufactured in China which contained lead. The judge then ruled on the amount of reimbursable defense costs. Reductions were made for voluntary payments and nonlegal work.
* "City of Milwaukee v. NL Industries Inc., et al." A divided Wisconsin Supreme Court denied the plaintiff's petition for a review of the defense verdict. This decision was issued as a one-page order which provided no further explanation. Earlier, a divided panel of the Division 1 Wisconsin Court of Appeals affirmed the defense verdict.
* "People of the State of California ex rel Edmund G. Brown, Jr., et al., v. Beauliew Group." In this synthetic turf case, the California judge is continuing case management. The next hearing will be August 14.
This blog thanks legal editor James Cordrey. Looks like he will continue to have plenty of reporting to do on lead matters for a long time.
Documents associated with this litigation as well as all other litigation are available for a fee from LexisNexis. Or, you can contact Cordrey directly at James.Cordrey@lexisnexis.com or 610-205-1125.