Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: lead paint

Lead paint claims dismissed

U.S. District Court Judge Rudolph T. Randa has granted summary judgment in favor of the remainder of the defendants named in a lead paint suit under the risk contribution rule. The rule permits imposition of liability on defendants based on market share in an industry, despite a lack of evidence of direct causation. On June 15, Randa had granted summary ...

Read More »

07-C864 Gibson v. American Cyanamid Co.

Constitutional Law Substantive due process; retroactive liability; lead paint Imposition of liability on lead paint manufacturers through the risk contribution rule violates substantive due process. “As with ARCO, the foregoing factors are satisfied with respect to the remaining defendants. It is unnecessary for the Court to proceed through the entire analysis once again. All of the defendants (or their predecessors-in-interest) ...

Read More »