MT. PLEASANT, S.C. (March 9, 2006) - Motley Rice LLC, one of the nation's largest all-plaintiffs' litigation firms, today announced a significant ruling in the State of California Court of Appeals that allows government entities across California to bring a public nuisance claim against the lead pigment industry. This ruling overturns a Superior Court's dismissal of the suit in October 2003.
Originally filed in March 2000, government entities in the state of California sued members of 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 Atlantic Richfield Company; NL Industries, Inc.; American Cyanamid Company; ConAgra Grocery Products; E.I. DuPont De Nemours & Company; Millennium Inorganic Chemicals, Inc; and The Sherwin-Williams Company.
Friday, the court ruled that the Superior Court was erroneous in its previous dismissal and that the case, based on public nuisance, strict liability, negligence and fraud causes of action, would be reinstated.
"This ruling is another victory in the fight against lead poisoning. The presence of lead throughout California presents an unreasonable risk to children, and it is important that this industry be held responsible for the injuries they caused when they sold lead pigment that they knew was harmful," said Motley Rice attorney Fidelma Fitzpatrick. "We will continue to fight 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 State of Rhode Island won a landmark victory against the lead pigment industry when a jury ruled that defendants did in fact create a public nuisance and were liable for abatement. In the summer of 2005, 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, and a New Jersey court overturned a previous ruling, allowing government entities to bring public nuisance claims against the industry.
For more information on Motley Rice's lead-poisoning litigation, please contact attorneys Jack McConnell or Fidelma Fitzpatrick at 401-457-7700 or visit http://www.aboutlead.com.
