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Wednesday, March 7, 2007

NCLC Urges Court to Dismiss St. Louis Lead Paint Case  

WASHINGTON, DC—In a friend-of-the-court brief filed today, the National Chamber Litigation Center (NCLC) urged the Missouri Supreme Court to dismiss a lead paint public nuisance case brought by the City of St. Louis against paint manufacturers.

“The plaintiff, with virtually no proof, is trying to squeeze money from manufacturers it claims sold lead paint,” said Robin Conrad, NCLC senior vice president.  “This case reflects the current trend of government plaintiffs twisting the public nuisance doctrine beyond its rational boundaries.” 

In City of St. Louis v. Benjamin Moore & Company, et al., the City of St. Louis argues that spending city resources on its lead paint abatement program amounts to a public nuisance, allowing the city to seek monetary damages from paint companies without actual proof they sold the paint.  In its brief NCLC argues the city’s public nuisance claim is wrong because the city cannot prove the companies sold the lead paint being removed, and that under state law, the mere presence of lead paint on private property does not justify the kind of injury necessary to support a public nuisance claim.       
 
“Any lead paint in someone’s home does not constitute a public threat,” Conrad said.  “Allowing this case to continue will send manufacturers the message they may be held liable for any harm or misuse of a product they may or may not have sold.”    

NCLC, the public policy law firm of the U.S. Chamber of Commerce, is a membership organization that advocates fair treatment of business in the courts and before regulatory agencies. The U.S. Chamber is the world’s largest business federation representing more than 3 million businesses and organizations of every size, sector, and region.

NCLC 

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