No Nuisance Action for Lead Paint, RI Supreme Court Rules

The Rhode Island Supreme Court overturned a verdict against Sherwin Williams, and other paint manufacturers, which was based on the theory that lead paint is a public nuisance. See State v. Lead Industries Association, Inc., et al, No. 04-63, Rhode Island Lead-Paint Verdict Against Sherwin-Williams Overturned, Peter Krause, The Plain Dealer, Jul. 2, 2008. For an analysis of the case, see Drug and Device Law blog.

The Ohio Attorney General and several Ohio cities filed similar suits against paint manufacturers in Ohio courts. See Ohio Sues Lead Paint Manufacturers, Cleveland Law Library Blog, After these suits were filed, the Ohio legislature passed a law prohibiting public nuisance suits against manufacturers for products liability claims. Am. Sub. SB 117. You may recall that a veto of this bill by Governor Strickland was challenged in court, and the veto was held invalid. See State ex rel. Ohio Gen. Assembly v. Brunner (Aug. 1, 2007), 114 Ohio St. 3d 386, 2007-Ohio-3780.