Wednesday, July 02, 2008

Lead Paint Court Ruling

Via OpinionJournal:
Yesterday was a good day for justice in Rhode Island, where the state Supreme Court stopped cold an attempt to turn lead paint into the next tobacco or asbestos.

The 4-0 ruling overturned a 2006 jury verdict that was the first court decision swallowing the theory that lead paint is a "public nuisance." Under that legal reasoning, the state claimed lead paint harmed public health – and companies that once made the product could be held liable whether or not there was even an injured party.

Writing for the court, Chief Justice Frank Williams explained that "the state has not and cannot allege any set of facts to support its public nuisance claim." When the case came before the court in May, Justice Paul Suttell compared the state's argument to the story of Seven Blind Men and an Elephant – some of the pieces may make sense, but none of them add up to a coherent whole...


Post a Comment

<< Home