The first
lawsuit brought by a state against companies that once made lead-
based paint is scheduled for trial on Sept. 4, said the National
Law Journal, a legal trade paper.
The lawsuit, filed in 1999 by Rhode Island Attorney General
Sheldon Whitehouse, named eight companies as defendants. They
include Houston, Texas-based NL Industries; Cleveland, Ohio-based
Sherwin-Williams Inc., and Atlantic Richfield Co., a subsidiary of
London-based BP PLC, the paper said.
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The state is pursuing a novel theory that lead-paint makers
and distributors created a public nuisance by producing the
dangerous paint, used in thousands of Rhode Island buildings, the
paper said. Previous unsuccessful lawsuits by municipalities and
individuals sought compensation for health costs associated with
lead poisoning caused by exposure to the paint. The federal
government banned the use of lead paint in 1978.
The first part of the trial will determine whether the
presence of lead paint is a public nuisance under state law. A
later phase would determine damages. Industry lawyers said the
case is intended to create interest in similar suits by other
states, the paper said.
Bloomberg News
