News & Analysis as of

Lead Paint Appeals

Mitchell, Williams, Selig, Gates & Woodyard,...

Lead Paint Litigation: Federal Appellate Court Addresses Delaware County's Intention to File Lawsuit

The United States Court of Appeals, Third Circuit (“Court”) addressed in a July 31st opinion issues arising out of Sherwin-William Company’s (“Sherwin-Williams”) lawsuit challenging a Delaware county’s alleged intention to...more

White and Williams LLP

Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context

On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage”...more

Davis Wright Tremaine LLP

Major Public Nuisance Ruling by California Court of Appeals

On November 14, 2017, California Court of Appeals affirmed liability findings in $1.15 billion judgment ordering three lead paint manufacturers to abate public nuisance in 10 counties and cities containing homes built before...more

Miles & Stockbridge P.C.

Maryland Court of Special Appeals Clarifies Plaintiff’s Burden in Proving Negligence Case for Personal Injuries From Exposure to...

Miles & Stockbridge P.C. on

The standard for establishing a prima facie case of negligence in a lead paint lawsuit is well established. The plaintiff has the burden of proving “1) that the defendant was under a duty to protect the plaintiff from...more

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