Tuesday, October 9, 2007

Another Victory for Lead Paint Defendents

Another blow to plaintiffs, this time in Milwaukee

Jane Genova Reports
Yet another setback for the plaintiff bar and the issue of public nuisance: Circuit Judge John Franke denied the plaintiff's motion for a new trial in City of Milwaukee v NL Industries.

In a 16-page Memorandum Decision dated October 7, 2007, Judge Franke dismissed the plaintiff's arguments. They included seven challenges to the instructions, the violations of the collateral source rule, the trial court's decision not to submit a nuisance theory based on recklessness, the court's grant of summary judgment on the issue of future costs, and that the court improperly denied three of its motions in limine.

In the conclusion to the ruling, Judge Franke writes, "For these reasons, and for reasons set forth before and during the trial, the plaintiff's motion for a new trial is without merit. Because more than 90 days have passed since the verdict, the motion must be denied, and pursuant to Wis. Stat. 805.16(3) it is ordered that judgment shall be entered for the defendant.

Complimentary copy of Judge Franke's Memorandum Decision available from

The legal cloud is lifting from this litigation on defendants Sherwin Williams (SHW), NL Industries (NL) and even DuPont (DD) and it clear its has no merit.

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