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July 8, 2008

Lead Paint-Public Nuisance, a thing of the past!

This analysis is solely the work of the author. It has not been edited or endorsed by GLG.
Analysis By:
Martin Alpert, Claim DirectorMartin Alpert
Claim Director, CAMBRIDGE INTEGRATED SERVICES GROUP INC
Implications: Building a case against paint manufacturers for lead paint poisoning may not be over, but under a public nuisance theory things just became tougher!The Court seemed to make it clear that the likely target for this kind of litigation remains with the landlord.

Analysis: This Court battle has been followed by many for more than 6 years.  After the 1st hung jury many thought this should have been the end of it.  While new laws are usually made with creative theories, this seemed to be a reach for the deepest pockets. Recovery from the manufacturer for lead poisoning in residences seemed a pipe dream or a possible akin to Fulton's Folly. Since the verdict against the manufacturers came down 2 years ago, it appeared clear it would likely be overturned.  The jury heard a case based on evidence that is generally never meant to get that far. When a jury hears such speculation and taint an adverse verdict is almost always the result. Understanding Lead Paint litigation is not as easy as most think! http://www.leadlawsuits.com/index.php?s=pageB 
I had long opined that it was highly unlikely this verdict would ever stand. If half of the resources spent going after the manufacturers were focused on those primarily responsible, like the landlords, maybe some clean up would already have been underway. It was somewhat of a valiant effort to get this far with these assertions, but our system of checks and balances corrected this anomaly. While most will agree it seems a tragedy the extensive clean up needed will not happen to the degree it should any time soon, maybe efforts will be refocused to the entities that should bear the cost of this cleanup.


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