The National Trial Lawyers
  • Home
    • Meet Our Team
    • Contact Us
    • Mission & Goals
    • FAQ
  • Webinars
  • News
  • Membership Directory
    • Top 100 Map – Civil Plaintiff
    • Top 100 Map – Criminal Defense
    • Top 40 Under 40 Map – Civil Plaintiff
    • Top 40 Under 40 Map – Criminal Defense
  • Top 100
    • Civil Plaintiff Officers / Executive Committee
    • Criminal Defense Officers / Executive Committee
    • Benefits
    • About
    • Top 100 Presidents Message
    • Diplomat
    • Membership Renewal
    • Member Profile Updates
    • Top 100 Badge
  • Top 40
    • Civil Plaintiff Officers / Executive Committee
    • Criminal Defense Officers / Executive Committee
    • Top 40 Under 40 Trial Academy Bootcamp
    • Benefits
    • About
    • Top 40 Presidents Message
    • Membership Renewal
    • Member Profile Updates
    • Top 40 Badge
  • Specialty Assoc
    • About
    • Shop
    • Officers
    • Membership Renewal
    • Member Profile Updates
  • Nominate
    • Top 100
    • Top 40
    • Specialty Association
    • Trial Lawyer Hall of Fame
    • Trial Lawyer of the Year
    • Trial Team of the Year
    • America’s Most Influential Trial Lawyer
    • America’s Most Influential Law Firm
    • Lifetime Achievement Award
  • Shop
  • Magazine
    • A-List
  • Education and Networking Agenda
    • Trial Lawyers Summit
    • Top 40 Under 40 Trial Academy Boot Camp
    • Mass Torts Made Perfect
    • The Lanier Trial Academy Master Class 6.0
    • The Business Of Law
    • Webinars
  • Hall of Fame
    • Trial Lawyer Hall of Fame

California Judge Orders Paint Producers to Create $1.1 Billion Lead Paint Fund

Posted on February 27, 2014 by Andrew Findley
Legal news for consumers

One paint company campaigned against the regulation of lead in paint and actively promoted the use of lead in homes, despite knowing that lead paint was highly toxic.

 

A California judge has ruled that three paint companies created a public nuisance by concealing the dangers of lead in their products and ordered the defendants to create $1.1 billion abatement fund.  In his order, Santa Clara Superior Court Judge James Kleinberg further said the defendants, ConAgra Grocery Products Co., LLC, NL Industries, Inc., and The Sherwin-Williams Company also campaigned against the regulation of lead in paint and actively promoted the use of lead in homes, despite knowing that lead paint was highly toxic.

In his January 7, 2014 Statement of Decision, Judge Kleinberg ordered the defendants to pay the State of California $1,150,000,000 to an abatement fund to be administered by the state’s Childhood Lead Poisoning Prevention Branch.  Ten cities and counties in California brought the lawsuit against the paint companies.  They were assisted by Cotchett, Pitre & McCarthy, LLP, the Law Office of Peter Earle, Mary Alexander and Associates and Motley Rice, LLC.  National Trial Lawyers Top 100 member Joe Rice, co-founder of Motley Rice, said “The final decision by Judge Kleinberg reinforces what we believe and stand behind every day – that companies that knowingly promote hazardous products and therefore create a public nuisance should be held accountable for their actions.”

“This decision will help to ensure that children in California will not be poisoned from lead paint in their homes and can grow up to be the very best and brightest they can be,” said Dr. David Jacobs, who developed the abatement plan presented at the trial, and identified the state-of-the-art proven and practical methods that will be used to ensure the work is done safely and effectively. Dr. Jacobs is the Research Director at the National Center for Healthy Housing and an Adjunct Associate Professor at the School of Public Health at the University of Illinois at Chicago. He previously directed the nationwide Lead Hazard Control Program at HUD from 1995-2004.

The federal government outlawed the use of lead in paint for residential purposes more than 35 years ago.  According to the Centers for Disease Control (CDC) and California’s Childhood Lead Poisoning Prevention Branch, lead paint is the primary cause of lead exposure for children who live in older homes.  The California Legislature has declared that “childhood lead exposure represents the most significant childhood environmental problem in the state today.” (Health & Saf. Code, § 124125).  According to the CDC, lead causes permanent neurological damage to children, decreasing IQ and causing other serious health consequences.

Posted in Blog

Comments are closed.

News Categories

Read about other Top Jury Verdicts

No thumbnail available

Things to Consider When You Sue an Insurance Provider

We are all too acquainted with insurance coverage in our everyday lives. According to Investopedia, everyone should have[Read More...]
The Rochester Diocese Offers a $147 Million Settlement to Sex Abuse Survivors

The Rochester Diocese Offers a $147 Million Settlement to Sex Abuse Survivors

The Rochester Catholic Diocese is offering a $147 million settlement to sex abuse survivors. This offer comes as a federal ba[Read More...]
Jury Awards $77.5 Million to an Army Veteran in a 3M Earplug Case

Jury Awards $77.5 Million to an Army Veteran in a 3M Earplug Case

A jury in Pensacola, Fla., federal court on Friday ordered 3M to pay $77.5 million to a U.S. Army veteran who said he suffe[Read More...]
The New Mexico Supreme Court Upholds $165 Million Damage Awards in a Deadly FedEx Crash

The New Mexico Supreme Court Upholds $165 Million Damage Awards in a Deadly FedEx Crash

The New Mexico Supreme Court on Thursday upheld $165 million of jury awards against FedEx in a wrongful-death lawsuit stemmin[Read More...]
Noom Reaches a $56 Million Class Action Settlement Over Its Autorenewal and Cancellation Policy

Noom Reaches a $56 Million Class Action Settlement Over Its Autorenewal and Cancellation Policy

Weight-loss program Noom has agreed to a $56 million settlement to resolve class action claims regarding its autorenewal and [Read More...]

#LegalNews

@@TheNTLtop100

Contact Us | Terms of Use | Privacy Policy

Attorney information and content provided on this website is provided for the benefit of members of The National Trial Lawyers and as a public service by Legal Associations Management, Inc. The website and all data are the property of Legal Associations Management, Inc. Data, including without limitation attorney information and content, on the site may not be mined, sold, or used commercially for any purpose without the explicit written consent of Legal Associations Management, Inc. This site may not be accessed by any automated program for extracting data for any use. By accessing and using the site you agree that you will not develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plug-ins and add-ons, or any other technology) to scrape data or otherwise copy profiles and other data. Unauthorized use or attempted unauthorized use of this system may subject you to both civil and criminal penalties.