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March 17, 2008
State urges high court to reject appeal on paint verdict
The state of Rhode Island filed legal papers today urging the state Supreme Court to reject an appeal by three corporations that are seeking to overturn a jury’s verdict two years ago that found their lead-based paints created a nuisance by poisoning children throughout the state.
“Having evaded their responsibility to the state and to its citizens for decades, these defendants now come before this court seeking immunity for their role in creating this public nuisance,” said the brief filed by Attorney General Patrick C. Lynch’s staff and private attorneys at Motley Rice, LLC. “Armed with little more than alarmist proclamations and doomsday rhetoric, they ask that this court take a bold, unprecedented step that would eviscerate over a century of established Rhode Island law.
“In one fell swoop, defendants attempt to rewrite the law on public nuisance, carving out judicial immunity for themselves and ensuring that they will never be held accountable for the consequences of their actions,” the state argued.
The two sides are scheduled to make oral arguments before the Supreme Court May 15. The state’s arguments today were backed by briefs from more than 50 organizations and public health experts.
-- Journal environmental writer Peter B. Lord
Posted by Mike McKinney
at 6:12 PM | Permalink
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