Lead Paint Litigation still on the upswing

The momentum is now with the plaintiffs with the Rhode Island Trial court upholding the juries verdict against several paint manufacturers.

Emerging & Creative Defense Strategies.

Status of Lead Paint Litigation in Rhode Island, Wisconsin, Ohio and California.

Clearly the momentum has shifted to the Plaintiffs with the Rhode Island verdict against several paint manufacturers on public nuisance. The defense has had a long history of victories in the motion phase and the pendulum has clearly been in their favor. http://www.paint.org/con_info/leadpaint/lead_issue.pdf

Rhode Island has clearly paved the way for greater advent of theories like civil conspiracy and public and private nuisance. Some appellate courts recently breathed new life into previously dismissed plaintiff’s cases, giving some additional credence to theses creative theories. The judge in Rhode Island, however, may have clearly overstepped his judicial bounds not only on causation but insufficient evidence on the necessary control element in a public nuisance case. At the very least a remand to the trial court is expected.

Recent Defense strategy has been to attack the heart of a plaintiff’s case, their lawyers. Defense teams are contending the plaintiff’s lawyers have in essence a conflict with the state in prosecuting these cases, especially in light of the high contingent agreements. California is just one of many jurisdictions taking a close look at this issue & a dim view of these arrangements. http://www.law.com/jsp/article.jsp?id=1175813561528 http://www.lawyersusaonline.com/feature.cfm

If the defense is successful it is likely plaintiffs will lose their best weapons, their highly skilled and war chested lawyers.