TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Monday, February 26, 2007

Lead Paint Post-Trial Motions Denied

Story here, quoting me.  The quotes are accurate; I'm not positive I said what I meant very precisely, but so it goes sometimes.  Certainly the key idea -- that I'm not altogether comfortable with the use of nuisance law on these facts -- is stated accurately.  I could likely have been clearer that the court (and jury) presumably found some level of fault by the defendants; my efforts to emphasize my lack of knowledge of the facts obscured that point.

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» R.I. lead paint ruling, cont'd from PointOfLaw Forum
Hans Bader of the Competitive Enterprise Institute criticizes Judge Silverstein's ruling (see Feb. 27) and makes this point about one of the theories of liability in the case: Moreover, the lead-paint lawsuit was based in part on speech by the... [Read More]

Tracked on Feb 27, 2007 8:14:27 PM


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