X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
In the latest glitch in lead paint litigation, an Ohio judge has dismissed a public nuisance claim brought by the city of Toledo against several former pigment manufacturers. “Once again, an attempt to distort public nuisance law has been rejected by the courts,” said Bonnie Campbell, former Iowa Attorney General and spokeswoman for the manufacturers, which include Sherwin-Williams Co. and Atlantic Richfield Co. In its ruling, issued on Wednesday, the judge found that “market share liability” is not an appropriate means of recovering damages in a products liability case in Ohio. Earlier this year, eight other Ohio cities � Akron, Canton, Cincinnati, Dayton, East Cleveland, Lancaster, Massillon and Youngstown � voluntarily dismissed their public nuisance claims. Two other public nuisance cases, one by the city of Columbus and the other by the state of Ohio, are still pending. Jack McConnell, a partner at Motley Rice who represents the city of Toledo, did not return calls seeking comment. Earlier this year, the New Jersey Supreme Court rejected public nuisance claims brought by more than 20 counties and cities, and the Missouri Supreme Court ruled that the city of St. Louis failed to prove several paint companies created a public nuisance. The cases were filed after a jury in Rhode Island found that several pigment companies were liable for creating a public nuisance in the state.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.