WI Supreme Court rules in favor of lead paint…

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I had a hard time deciding how to title the post. Whenever I wrote about the Supreme Court at the Herald I would get flooded with comments about the lead paint controversy. Business interests have been very concerned about this case, a different decision from the court today could have sparked a tsunami of litigation against former manufacturers of lead paint.

Today the Supreme Court ruled that a Milwaukee boy could not sue the former manufacturers of paint that he contracted lead poisoning from.

Essentially the plaintiff’s case was that the lead in the paint was a defect – a flawed design that the company was accused of being liable for. However, the court found that the product the company was selling was lead paint, and that the presence of lead is “characteristic of the product itself.”

The decision was unanimous, so even Paul Soglin will have a tough time portraying this as a WMC-bought decision.

Law And More has a few quotes from a plaintiff’s lawyer who actually agrees with the decision.

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