Law Firm of Motley Rice LLC

New Jersey Appellate Court Rules that 26 Cities and Counties can Prosecute Claims Against Industry

MT. PLEASANT, S.C. (August 18, 2005) -Motley Rice LLC, one of the nation's largest all-plaintiffs' litigation firms, today announced a significant ruling in the New Jersey Appellate Court that allows cities and counties across the state of New Jersey to bring a public nuisance claim against the lead pigment industry. This ruling overturns a lower court's dismissal of the suit in December 2002.

In 2002, twenty-six government entities in the state of New Jersey sued the lead pigment industry alleging that they caused a public nuisance in the state and that due to their prior acts, the state's taxpayers have incurred unnecessary expenses that the industry should be held liable for. Defendants in the case include Sherwin Williams, Atlantic Richfield, NL Industries, Millennium Inorganic Chemicals, American Cyanamid, Cytec Industries, DuPont, and ConAgra.

Yesterday, the court ruled that the public nuisance lawsuit by these government entities would "foster the goal" of New Jersey's Lead Paint Statute, and that "the relief demanded in the complaint - funding future programs and compensating the municipalities for their abatement and healthcare expenses - would not interfere with the municipalities' ongoing enforcement efforts."

"This ruling is another colossal step toward holding this industry responsible for the injuries they caused when they sold products that they knew would harm children," said Motley Rice attorney Fidelma Fitzpatrick who, together with attorney Michael Gordon of New Jersey, argued the case. "Our mission is to continue to work diligently to ensure that this entire industry is held accountable for their actions and that those injured by such actions receive justice."

This decision is one in a series of recent losses for the lead paint industry. Last month, the Wisconsin Supreme Court ruled that individuals have the right to bring cases against the lead pigment industry responsible for their personal injuries under a modified market share liability theory. In June, DuPont came to an agreement with the Rhode Island Attorney General in the State of Rhode Island v. Lead Industries Association, Inc. Remaining defendants lost their attempt to get the R.I. judge to recuse himself and delay the trial, which is currently set for October 18, 2005.

In addition to attorneys Fitzpatrick and Gordon, attorney Jon Gelman of Wayne, New Jersey also served as local counsel.

For more information on Motley Rice's lead-poisoning litigation, please contact attorneys Bob McConnell or Fidelma Fitzpatrick at 401-457-7700 or visit http://www.aboutlead.com. To view the entire New Jersey opinion, please click here.

About Motley Rice LLC
Motley Rice LLC is one of the nation's largest plaintiffs' litigation firms. Motley Rice attorneys gained global recognition for their pioneering work on behalf of asbestos victims, the State Attorneys General in their landmark litigation against Big Tobacco, and the 9/11 families in their groundbreaking lawsuit against terrorist financiers. Motley Rice attorneys continue to seek justice in areas including catastrophic injury; complex case resolution; consumer and commercial fraud; environmental hazards and contamination; medical negligence and medical device defects; occupational disease and toxic torts; and transportation defects. For more information on Motley Rice call 1-800-768-4026.