Rhode Island Supreme Court
In a case that has received national attention, the State of Rhode Island sued lead paint manufacturers. The trial court dramatically expanded the definition of public nuisance theory in ways that would create liability against product manufacturers even when the product was lawfully made and sold. In addition, the trial court stripped the usual proximate cause or product identification requirement and allowed market share-type liability. These same theories have been tried in other states and against a host of other products.
Status: PENDING. Amicus brief filed Jan. 31, 2008.
