Capabilities

New Jersey lead pigment litigation

Atlantic Richfield Co.
2001 - 2007

Our attorneys are national counsel for Atlantic Richfield Company in lead pigment litigation. The firm recently won a major victory in the New Jersey Supreme Court, which rejected governmental plaintiffs' public nuisance claims in a landmark decision. In re Lead Paint Litigation, 2007 WL 1721956 (N.J. June 15, 2007). Beginning in late 2001, 26 New Jersey cities and counties filed complaints asserting public nuisance and other claims seeking costs of lead-related medical and educational programs and abatement of all lead paint in buildings throughout the state. The cases were consolidated in the "mass tort" part of the Superior Court in New Jersey. Our attorneys developed and implemented the successful motion strategy for the defendants in these cases. Judge Corodemus of the Superior Court granted our motions to dismiss the complaints in their entirety in 2002. The Appellate Division affirmed dismissal of the fraud, unjust enrichment, indemnity, and conspiracy claims, but reversed dismissal of the public nuisance count in 2005. We successfully petitioned the New Jersey Supreme Court to certify the matter for interlocutory appeal. Our attorneys prepared the briefs on behalf of all defendants and our local counsel argued the appeal. The New Jersey Supreme Court accepted our arguments against expanding the scope of public nuisance law on multiple grounds and ordered the cases dismissed.

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