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Consumer Class Actions Usurping Personal Injury Claims
Plaintiffs lawyers are filing more class actions against companies under state consumer-protection laws in conjunction with, or even in place of, traditional personal injury class actions, which have become too difficult to certify. Defense lawyers say injury-related consumer class actions have grown as the plaintiffs bar has sought out new "lucrative" areas for monetary relief. But plaintiffs lawyers say the suits are a different "avenue of relief" for an economic, rather than physical, injury.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.
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