RI Lead Paint Ruling Reversed

The Rhode Island Supreme Court has overturned a landmark case against three former lead paint manufacturers. The unanimous 4-0 decision comes just over two years following the landmark February 2006 RI  ruling against the three companies. In reversing the decision, Chief Justice Williams concluded that “the state has not and cannot allege any set of facts to support its public nuisance claim that would establish that defendants interfered with a public right or that defendants were in control of the lead pigment they, or their predecessors, manufactured at the time it caused harm to Rhode Island children.† Recent court decisions in other states, including New Jersey, Missouri, and Ohio have also rejected the public nuisance legal theory on which the RI lead paint suit was based (see our May 15, 2008 posting). Check out I.I.I. info on products liability emerging exposures.

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