-Caveat Lector-
------- Forwarded message follows -------
Oh brother! First tobacco, then guns, now *paint*.
>>>
Goaded by a law firm that reaped hundreds of millions of dollars
from state lawsuits against tobacco companies, Rhode Island is
suing eight paint manufacturers who years ago used lead in their
products.
The South Carolina-based law firm of Ness, Motley, Loadholt,
Richardson & Poole has also approached four states and three
major cities to explore filing similar suits on their behalf.
This suggests the start of a new wave of actions against paint
companies.
o The Rhode Island suit seeks to recover public costs of
providing health care and special education to children
supposedly harmed by lead poisoning -- as well as
requiring the industry to strip all lead paint from public
and private buildings accessible to children in the state.
o The law firm is financing Rhode Island's suit in return
for a 17 percent share of any recovery it wins for the
state.
o The suit alleges that eight companies that either made
lead paint, or acquired companies that did, conspired to
promote their products while failing to disclose the
danger it posed to children.
o Yet paint makers stopped using lead in interior paints in
the 1950s -- while the federal government banned lead in
paint in 1978.
Lead Industries Association Inc., the industry's trade
association which was also named in the suit, claims that similar
conspiracy charges have been rejected by courts in the past --
most notably in a 1997 decision in Maryland that found the
hazards of lead paint had been widely publicized with warning
labels and industry campaigns to discourage its use inside homes.
Similar suits against paint makers are in the works in Baltimore,
Cleveland, New York and Buffalo, N.Y.
Source: Milo Geyelin, "Former Makers of Lead Paint Are Sued by
Rhode Island for Child Health Costs," Wall Street Journal,"
October 13, 1999.
For text (requires WSJ Interactive subscription)
http://interactive.wsj.com/articles/SB939770266795100483.htm
For more on Product Liability
http://www.ncpa.org/pd/law/tcr/index5g.html
------- End of forwarded message -------
--
Kathleen
"Government governed least is government governed best." --Thomas Jefferson
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