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Lead Paint Companies Found Liable in Rhode Island Trial: February 22, 2006

A major public health victory was won today in the State of Rhode Island. After a week of deliberation, the jury in the Rhode Island lead trial found three companies liable for creating a public nuisance in the state by manufacturing, distributing, and marketing lead-based paint products. The jury found that the actions of the Sherwin-Williams Company, NL Industries, and the successor to the Glidden Company, Millennium Holdings, all contributed to the creation of the nuisance.

At trial, attorneys for the state argued that the defendants' actions resulted in a public health crisis that directly impacted several state agencies forced to respond to the problem, tens of thousands of Rhode Island children with elevated blood lead levels, hundreds of thousands of Rhode Island housing units, and ultimately every Rhode Island citizen that was required to exercise constant vigilance against the presence of lead-based paint. The state's experts testified that lead exposure can cause serious, permanent neurological injuries, including behavioral problems, intelligence deficits, brain damage, and even death. The defendants did not call any witnesses during trial.

The jury's ruling requires the defendants to abate the nuisance to which they contributed. Judge Michael Silverstein, who oversaw the three-month trial, is expected to issue a ruling on the manner of the required clean-up. The jury will return to its duties this coming Tuesday to hear evidence on whether the companies should be assessed punitive damages.

In addition to Neil Leifer and Michael Lesser, attorneys from Thornton & Naumes, the case was litigated by Motley Rice LLC and the Office of the Attorney General of Rhode Island, who jointly served as trial counsel for the state.

This verdict caps a twenty-year fight for Neil Leifer and Thornton & Naumes LLP, who, in 1987, undertook the representation of a lead-poisoned child in the very first case in the country brought against the lead industry: Santiago v. Sherwin-Williams Company, et al. Attorney Leifer brought the Santiago case against the seven companies that controlled the industry, including the three companies found liable by the jury in the Rhode Island case. Today's verdict is a successful culmination of the work begun in that case by Attorney Leifer and Thornton & Naumes LLP. Click here to link to our lead paint practice area; click here to link to our attorney general litigation area.

Landfill and Contaminated Property Litigation

Because of the firm's expertise in toxic tort and complex civil litigation, Thornton & Naumes was asked to join in the representation of over 30 families whose property has been contaminated by the dumping of hazardous waste. The lawsuit, Collins et al v. Olin Corporation et al was filed in May, 2003 in New Haven, CT. Up to 600 families who live in Hamden, CT may reside on property which was used by Winchester Rifle Co. and its successor, Olin Corporation along with the Town of Hamden as sites for the disposal of hazardous waste. Testing on over 70 of these properties to date shows hazardous levels of arsenic, lead and PAHs. This contamination has significantly reduced the value of these properties, interfered with the use and enjoyment of these homes, and has caused the residents to suffer emotional distress and other harm.

Thornton & Naumes is also investigating a similar claim on behalf of over 25 property owners in the Town of Tiverton, RI. This case involves property damage caused by high levels of lead, arsenic and other hazardous waste alleged to have come from a coal gasification plant owned by New England Gas Company. Testing is currently underway on these properties to determine the extent of the contamination and how to clean up these properties.

Asbestos

As you may know, many asbestos defendants have declared bankruptcy in the last few years. Thornton & Naumes continues to pursue these corporations in bankruptcy court on your behalf. In addition, the firm is continually seeking novel and innovative approaches to achieving full and fair compensation for our asbestos clients.

Asbestos cases filed in Massachusetts are now before a new judge: the Honorable Margot Botsford. Judge Botsford replaces Judge Hiller Zobel, who managed the Massachusetts asbestos cases for the last ten years. As the Massachusetts Plaintiffs' Liaison Counsel, Thornton & Naumes will work closely with Judge Botsford to protect your rights. Judge Botsford, working with asbestos counsel, has already taken steps to modernize and streamline the asbestos practice in this state. For the last several months, all Massachusetts asbestos cases have taken advantage of an electronic filing system. This system, called Verilaw, allows the firm to file and receive documents electronically, reducing the firm's litigation costs while improving efficiency. We look forward to working with Judge Botsford on other improvements in the manner in which the court handles asbestos cases.

Lead

Thornton & Naumes will be one of the law firms assisting the Rhode Island Attorney General in the re-trial of the first lawsuit in the country brought on behalf of states against manufacturers of lead and lead paint.

Breast Implant

The Dow Corning Breast Implant Settlement Program began mailing claim form packages on February 18, 2003. This marks the beginning of the long-awaited compensation program for persons harmed by Dow's silicone breast implants. The firm is optimistic that payments will be received by late 2003 or early 2004.

Fen-Phen

Claims processing on behalf of persons who took the diet drug Fen-Phen and who are participating in the National Settlement Program with American Home Products are underway. Payments from the Claims Office for drug cost reimbursement and medical monitoring have begun. The firm expects payments for persons with matrix disease claims to also begin in 2003. However, a recent revision to the Settlement Program requires that all matrix disease claims be audited which will cause some delay in payments.

Insurance Bad Faith

Thornton & Naumes, along with other firms across the country, filed a series of class action lawsuits against various insurance companies, including Travelers Indemnity Company and other related companies ("Travelers") that insured various companies which manufactured, distributed or sold asbestos-containing products. This litigation has come to be termed the "Asbestos Insurance Statutory Direct Action Litigation." In the Asbestos Insurance Statutory Direct Action Litigation, we alleged, among other things, that Travelers and various other insurance companies engaged in certain litigation practices that resulted in the unfair resolution of plaintiffs' asbestos claims. After more than a year of negotiations, Travelers and the named plaintiffs in the lawsuits reached a definitive agreement to settle the Asbestos Insurance Statutory Direct Action Litigation. For more information on this Settlement click here.

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