Capabilities

Jackson v. Glidden, et al.

Atlantic Richfield Co.
1992 - 2007

Our attorneys has defended Atlantic Richfield in a long-pending purported statewide class action. Jackson v. Glidden, et al. was filed in 1992 in state court on behalf of a purported statewide class of children allegedly injured by exposure to lead paint. The plaintiffs asserted that such claims could proceed against former manufacturers of lead pigment on the "market share" theory recognized by some states for DES cases. The Ohio Court of Appeals initially held that the market share theory may be applicable. We did not seek to appeal that decision to the Ohio Supreme Court, but instead returned to the trial court to create a record demonstrating both that class certification would be inappropriate and that Ohio should not adopt the market share theory. While we did this, the Ohio Supreme Court issued a 4-3 decision rejecting the market share theory in a DES case, with one of the majority votes coming from a Court of Appeals judge who was sitting by designation in place of a normally pro-plaintiff justice who had recused herself. The plaintiffs' attorneys hoped to use the Jackson case as the vehicle for overturning that result. We persuaded the trial court to deny class certification and, later, to enter summary judgment dismissing the named plaintiffs' claims on the merits. This disposition was affirmed by the Ohio Court of Appeals in January 2007. And, in June 2007, the Ohio Supreme Court denied a petition for leave to appeal that decision, bringing the case to a close.

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