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Lead paint suits nuisance to lawyers as courts dump them: report
RMotleyJuly31.jpg
Ronald L. Motley
NEW YORK CITY -- The most recently threatening anti-corporate lawsuit juggernaut looks to have stalled in the driveway.

But the beast isn't ready to be junked just yet, warn the authors of a report released today on the national state of the lead-paint litigation industry.

'Judicial Lead-ership: State Courts Are Rebuffing the Trial Lawyers' Attack on Paint Manufacturers,' published by the Manhattan Institute's Center for Legal Policy (CLP) reports recent good news. Courts in four states have knocked down "public-nuisance" lead-paint suits in the past two months.

"The spate of recent common sense rulings throws into serious doubt earlier worries that lead paint might become the next asbestos," noted report author James Copland, who is also director of the CLP.

The rulings are a setback to what the report and associated website refer to as "Trial Lawyers Inc." (TLI) and the group's "founder and chairman" Ronald L. Motley. Motley is a veteran of class action suits against companies in both the tobacco and asbestos industries.

Motley's law firm, Motley Rice, pioneered the use of public nuisance lawsuits to force former lead paint makers to pay clean-up costs. Motley Rice won a major such case in Rhode Island two years ago, although the state Supreme Court is still mulling over that one.

But recent decisions on public-nuisance lead paint suits haven't broken TLI's way. Last month a Milwaukee County Circuit Court jury voted down a $53 million suit brought against paint-maker NL Industries by the City of Milwaukee, LNL reported.

Prior to that, Supreme Courts in Ohio, New Jersey and Missouri also gave the thumbs-down. Permitting such a case "would stretch the concept of public nuisance far beyond recognition and would create a new and entirely unbounded tort," wrote N.J. Justice Helen Hoens.

But Copland, the report's author, warns that a forthcoming decision by the R.I. Supreme Court is the key to future relief from such suits. The SC will rule on whether to overturn the multi-billion dollar decision won by TLI in 2005.

"If the decision stands, it could pave the way for lawsuits against countless other industries-think fast food, soft drinks, and alcohol-that legally and in good faith produced a product that was misused or later discovered to be harmful," Copland concludes.

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MORE NEWS HEADLINES:
+ U.S. SC mulling Calif. contingency fee suit - 12/28   read more
+ Coakley files suit over housing practices - 12/27   read more
+ R.I. SC could force State to pay up - 7/19   read more
+ Sherwin-Williams makes case against $7M verdict - 7/6   read more
+ Rhode Island not ordered to pay up in failed lead paint suit - 5/26   read more
+ Arguments set for contingency fee dispute in California - 3/31   read more
+ Sorrell sends lead letters to landlords - 1/25   read more
+ Annual lead paint report released - 12/21   read more
+ Sherwin-Williams appeals $7M Miss. verdict - 11/13   read more
+ Vermont landlord to pay for violations of state lead law - 11/11   read more


IN THE SPOTLIGHT:
garrett.jpg
Wednesday, February 08, 2012
PHILADELPHIA (Legal Newsline) - A roundtable of federal and state judges from across the country will convene at the posh Ritz Carlton on Feb. 9 to address topics such as "Can MDL's keep up with state court trial settings;" "Priority of deposition examination;" "State and federal cooperation;" and "Forum non conveniens."
Read more...


+ Study shows plaintiff bias in Philly courts - 2/6
+ Fannie Mae offers examples of routine dishonesty in its fight against lenders - 2/3
+ Quaker City courts have troubled history; some reject 'plaintiff-friendly' criticism - 1/31
+ Madison County asbestos docket feeds off intake firm referrals - 1/19
+ Torts conference set for Feb. 8 in Philly - 1/18
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