State of Rhode Island v. Lead Industries Association, Inc.

The Rhode Island Supreme Court ruled unanimously today (7/1/08) that paint companies cannot be held liable for current lead paint abatement costs in the multi-billions of dollars for lead based paint they ceased manufacturing in 1955. The case was filed in 1999 by the State of Rhode Island, acting through contingent fee private counsel. In 2000, the court denied the companies’ motion to dismiss, which argued public nuisance legal theories could not lawfully be used to recover damages for a product lawful when made. The case then went to trial, resulting in a mistrial, At the second trial, the longest in Rhode Island’s history, the jury found the companies liable. The Rhode Island Supreme Court today reversed that verdict and found that the trial judge should have dismissed the case in 2000, as the paint companies requested.