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Politics : Liberalism: Do You Agree We've Had Enough of It? -- Ignore unavailable to you. Want to Upgrade?

To: TideGlider who wrote (38176)	2/3/2009 10:21:25 AM
From: Peter Dierks	2 Recommendations Read Replies (1) \| Respond to of 224755

Motley Paint Crew A rebuke to the AG-trial bar gang. FEBRUARY 3, 2009 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. In July, the state supreme court overturned the entire verdict, which was based on a theory of "public nuisance" originally dreamed up by South Carolina firm Motley Rice. The law firm worked hand-in-hand with then state Attorney General (now Democratic Senator) Sheldon Whitehouse and later Mr. Lynch on the nuisance claim, a way to ... Message 25380231