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July 01, 2008

RI SC OVERTURNS LEAD PAINT JUDGMENT

In a unanimous opinion [4-0], the Rhode Island Supreme Court overturned the lead paint judgment against defendants Sherwin-Williams, NL Industries and Millennium Holdings.  In addition, it upheld the judgment in favor of Atlantic Richfield, vacated the contempt citations against RI Attorney General Patrick Lynch, and recognized the validity of contingency agreements between the AG and outside counsel.

It's the latter which leaves this kind of litigation still an issue.  Currently in the California SC is a request by the defendants in the Santa Clara lead paint public nuisance case to review the appeals court ruling to allow contingency is that case. 

Also pending is the statewide lead paint public nuisance case in Ohio.  The Wisconsin Supreme Court is going to hear oral arguments about a personal injury case similar to the one the defendants won in "Thomas."

Here is the RI SC 81-page opinion Download statev.LeadIndustriesAssoc.,Inc..pdf

Posted at 07:14 AM in Legal Matters |

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