Landmark R.I. lead paint case remains in legal limbo

It’s been more than a year since Rhode Island won a precedent-setting court victory against three former lead paint manufacturers, but the case has been in legal limbo since then as the companies have challenged the verdict and demanded a new trial.

Both sides are awaiting a judge’s order that could specify what the defendants need to do to deal with lead paint contamination. The decision will be significant since lawyers and financial analysts estimate that it could cost billions to clean up the toxic problem.

Superior Court Judge Michael Silverstein has wide discretion, and his options could range from ordering the companies to pay for inspections of some 250,000 older homes to painting over, covering up or removing lead paint in those properties. Before issuing any cleanup order, though, he’ll have to rule on the companies’ requests for a new trial or to dismiss the case.

Those involved in the case say it’s anyone’s guess what the judge will do.

Jack McConnell, an attorney representing the state, said he hoped Silverstein would affirm the verdict and issue a decision “that gets the lead out of Rhode Island as quickly and safely as possible.”

Whatever the decision, it would be the biggest development in the case since last February when a jury found three companies — Sherwin-Williams Co., Millennium Holdings LLC and NL Industries Inc. — liable for creating a public nuisance by manufacturing a toxic product.

The verdict made Rhode Island the first state to successfully sue lead paint makers.

“It’s sent shockwaves through the lead paint companies that they may in fact finally be held financially responsible for their bad acts,” McConnell said.

The state says it could cost between $1.37 billion and $3.74 billion to remove lead paint or mitigate the problem.

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