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Novel strategy pays off big in lead contamination liability case
TO BREAK THE paint industry's 15-year winning streak in lead liability cases, a team of New England litigators abandoned the standard products liability theories in favor of a novel application of the common law doctrine of public nuisance. The long march in what popularly has been called the Rhode Island lead paint case began in 1999.A bench trial begins on Monday in San Jose in a suit that accuses five major corporations of creating a public nuisance by manufacturing and promoting lead-based paint despite knowledge it was harmful. Ten cities and counties in California are demanding nearly $1 billion in cleanup costs.