Motley Paint Crew: A rebuke to the AG-trial bar gang
Editorial
The Wall Street Journal
February 3, 2008
The trial lawyer set is getting a lesson in the real definition of "public nuisance." Late last month, Rhode Island Superior Court Judge Michael Silverstein ruled that defendants in a legendary lead-paint litigation should be reimbursed for $242,000 in "co-examiner costs" for a lawsuit they won in July. The reimbursement may be pocket change to some, but it sends a strong signal to trial lawyers and state Attorneys General that filing frivolous lawsuits is not cost-free.
In 2006, after years of litigation, a jury ruled that three paint manufacturers were liable for the cost of cleaning up lead paint in homes across the state -- a price tag estimated in the billions. While defendants appealed, the court appointed outside experts to consult on Attorney General Patrick Lynch's proposed $2.4 billion in remedies, which required that the defendants pay fees and expenses as they went along.
