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Paintmakers Win Public Nuisance Appeal; Columbus Drops its Suit

4:25 PM MDT | July 14, 2008 | Chemical Week Editorial Staff

The Rhode Island Supreme Court has overturned a landmark public nuisance verdict in a lawsuit filed by the state against former manufacturers of lead-based paint Millennium Holdings, now a subsidiary of LyondellBasell, NL Industries, and Sherwin-Williams. The court said the suit should not have been allowed to go forward because public nuisance liability requires the defendant to “have control over the instrumentality causing the alleged nuisance at the time the damage occurs.” Industry attorneys have previously said that a victory for the paintmakers...

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