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R.I. Supreme Court Reins In Public Nuisance Claim

Law360 (August 8, 2008, 12:00 AM EDT) -- In a much-awaited opinion, on July 1, 2008 the Supreme Court of Rhode Island unanimously overturned a 2006 jury verdict finding three former lead pigment or lead paint manufacturers liable in public nuisance based on the presence of lead-containing paint in buildings across Rhode Island. State of Rhode Island v. Lead Industries Ass'n, Inc., et al., No. 2004-63-M.P.; No. 2006-158-Appeal; No. 2007-121-Appeal, 2008 WL 2605396 (R.I. July 1, 2008).

The Court ruled that defendants' motion to dismiss should have been granted because the State failed to...
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