Lead Paint Litigation;Light at the end of the tunnel?

Implications: New Rulings hinder certain lead paint Claims. The seminal lead paint ruling in Rhode Island may be an aberration.

Analysis:     The New Jersey and Missouri Supreme Court recently held there were not sufficient allegations to sustain a public nuisance pleading.  A milwaukee jury found insufficient evidence to hold a paint manufacturer liable under a public nuisance theory and Ohio has significantly minimized damages that can be recovered for public nuisance.  Other States have had similar rulings. http://retail.seekingalpha.com/article/44306 and http://www.triallawyersinc.com/updates/tli_update_lead_0707.html  Defense lawyers are adamant these rulings make clear that the door to lead paint litigation is closing.  Plaintiff's lawyers, however, are convinced with the big win in Rhode Island that their theories of recovery are alive and well, so much so a Motley & Rice lawyer has been essentially quoted as saying their next filing state is California. The door is clearly still open and there is plenty of fertile ground for this type of litigation.  After all, many thought this was a dry well and then came public and private nuisance.  If Rhode Island is upheld, Katie may have to bar the door.