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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.

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