March 24, 2008
Lead Paint Ruling in Rhode Island gets closer to a decision.
Analysis of:
R.I. court weighs lead paint verdict | www.boston.com
This analysis is solely the work of the author. It has not been edited or endorsed by GLG.
Implications: If the Rode Island Lead Paint ruling is upheld 3 companies face billions in exposure! Was this another case in which the jury heard just a little to much possible wrongdoing & skipped Proximate Cause right to send a message?
Analysis: While there are possibly over 240,000 homes in Rhode Island affected by these Lead Paint issues, many states have similar issues. As a result many are awaiting with baited breath as to whether the trial court will be upheld, potentially sending 3 major companies deep into their pockets for remediation and potential removal: estimations have already been over 2.4 billion. Interestingly, how can this verdict be legally upheld if there was really no evidence that these homes still had Lead Paint, almost 3 decades since the Federal government banned its use. The Oral arguments set for mid May may shed more light on this aspect. One thing is for sure, if this case is upheld there may be a line around the door to not only collect in Rhode Island, but to file even more creative pleadings in other States. Some judges remain under a microscope for their adverse rulings against the paint manufacturers. http://www.examiner.com/a-1285905~A_ruling_on_lead_paint_looms_over_Wis__justice_s_campaign.html.
Analysis: While there are possibly over 240,000 homes in Rhode Island affected by these Lead Paint issues, many states have similar issues. As a result many are awaiting with baited breath as to whether the trial court will be upheld, potentially sending 3 major companies deep into their pockets for remediation and potential removal: estimations have already been over 2.4 billion. Interestingly, how can this verdict be legally upheld if there was really no evidence that these homes still had Lead Paint, almost 3 decades since the Federal government banned its use. The Oral arguments set for mid May may shed more light on this aspect. One thing is for sure, if this case is upheld there may be a line around the door to not only collect in Rhode Island, but to file even more creative pleadings in other States. Some judges remain under a microscope for their adverse rulings against the paint manufacturers. http://www.examiner.com/a-1285905~A_ruling_on_lead_paint_looms_over_Wis__justice_s_campaign.html.
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