Sherwin-Williams, Lead Paint & Investors

Jane Genova: Speechwriter - Ghostwriter

  That was the lead paint class action public nuisance lawsuit filed in Santa Clara County, California. In 2014, three defendants were convicted of causing a public nuisance (lead paint in older housing) and ordered to pony up $1.15 That's a fairly routine arrangement and was used in the 2 Rhode Island class action lead paint public nuisance trials. The result was the massive Tobacco Master Settlement Agreement. It went on for 19 years. 

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Lead Paint Career-Maker in RI - Judge Overseeing Historic Trial Retires Today

Jane Genova: Speechwriter - Ghostwriter

Today, after 24 years serving as a judge in Rhode Island Superior Court, Silverstein is stepping down. But one whose issues continue to today had been the lead paint public nuisance class action litigation. Sherwin-Williams and two other defendants in the CA litigation are still on the hook for creating a public nuisance through lead paint. will wind up negotiating an analogue of the infamous Master Tobacco Agreement.

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Public Affairs - Will It Push Sherwin-Williams, Like Tobacco Companies, into a Type of Master Settement?

Jane Genova: Speechwriter - Ghostwriter

" If the answer is "no," then the door is wide open for other states, counties, and cities to file similar lawsuits alleging that the residue of lead paint in housing stock constitutes a public nuisance. Their request could range from damages to funds to render the lead paint safe. Once it's in the blood of children, the lead from the paint could cause consequences ranging from cognitive impairment to behavioral problems.

Public Nuisance as Monster from The Deep - Judge Keeps It in "County of Summit, OH et al. v. Purdue, et al."

Jane Genova: Speechwriter - Ghostwriter

At the top of the list could be the former lead paint manufacturers/marketers such as Sherwin-Williams.  Eventually that was settled through the Master Agreement in 1998.    Later it was leveled by the combination of state attorneys general and plaintiff lawyers operating on a contingency basis against corporations which had been in the residential lead paint loop.

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State Attorneys General Contending Public Nuisance on Side of the Angels

Jane Genova: Speechwriter - Ghostwriter

Those AGs, dating back to Sheldon Whitehouse in the Rhode Island lead paint class action, who configure public nuisance lawsuits essentially have been hailed heroes. Most recently it was used successfully in a bench trial against former lead paint companies such as Sherwin-Williams in Santa Clara, California. The result was the Tobacco Master Settlement Agreement of 1998.

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Contingency Business Model - The Great Rebranding

Jane Genova: Speechwriter - Ghostwriter

So, unlike what myriad tort reformers argue, the contingency agreement imposes discipline on the filing of lawsuits. The classic example had been Motley Rice's decision to assist the state of Rhode Island in its class action public nuisance lead paint complaint against companies such as Sherwin-Williams. It's obvious that BigLaw has not recovered from The Crash. Litigation is flat.

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