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Cohen, Milstein Announces Milwaukee Lawsuit Against Lead Paint Industry to Proceed.


MILWAUKEE -- Milwaukee Circuit Court Judge John A. Franke today rejected defense arguments that the City of Milwaukee's public nuisance public nuisance n. a nuisance which affects numerous members of the public or the public at large, as distinguished from a nuisance which only does harm to a neighbor or a few private individuals.  lawsuit against the lead paint industry should be dismissed and set a date for the trial to begin on January 8, 2007.

In 2001, the City of Milwaukee filed suit against NL Industries, Inc., the county's largest producer of lead pigment and manufacturer of Dutch Boy Dutch Boy Paint is an American paint brand founded in 1907. Its icon, the "Dutch Boy," was originally created to symbolize the Dutch Process. External links
  • Official Site
 lead paint, and Mautz Paint Co., a Wisconsin-based paint company now owned by Sherwin Williams, Inc. The City's lawsuit alleged that the defendants created a public nuisance through their sales of lead paint and by their conduct in promoting these products when they knew of lead's hazards to children.

Milwaukee has an award-winning program to clean-up lead paint in the city which has significantly lowered the levels of lead found in area children. The city's lawsuit seeks recovery of approximately $125 million for past and future costs for abating the lead paint often found on older houses.

A different judge previously dismissed the case in 2003. The Wisconsin Court of Appeals The Wisconsin Court of Appeals is the intermediate appellate court in the state of Wisconsin, above the Wisconsin Circuit Courts but below the Wisconsin Supreme Court. The court of appeals was created in 1977 to assist the Wisconsin court system handle the rising number of  later overruled that decision, however, in what was at the time the first appellate decision in the country recognizing the right of a municipality MUNICIPALITY. The body of officers, taken collectively, belonging to a city, who are appointed to manage its affairs and defend its interests.  to bring public nuisance claims against the lead paint industry.

Since that time, appellate courts in California and New Jersey have also held that municipality public nuisance claims could proceed against lead paint companies. Similarly, in Rhode Island Rhode Island, island, United States
Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches.
, a jury recently found lead paint manufacturers liable for creating a public nuisance in the state.

Richard S. Lewis, a partner at Cohen cohen
 or kohen

(Hebrew: “priest”) Jewish priest descended from Zadok (a descendant of Aaron), priest at the First Temple of Jerusalem. The biblical priesthood was hereditary and male.
, Milstein, Hausfeld & Toll (D.C.) says of today's decision, "In order to help the children of Milwaukee, the city has been patiently waiting to bring this case to a jury for over five years. We now will get that chance."

The City of Milwaukee is represented by Cohen, Milstein, Hausfeld, & Toll, in Washington, DC and The Warshafsky Law Firm in Milwaukee, Wisconsin For other places with the same name, see Milwaukee (disambiguation).
Milwaukee is the largest city within the state of Wisconsin and 25th largest (by population) in the United States.
.

A copy of the decision can be viewed at www.cmht.com.

Deborah Schwartz Media Relations, Inc. 5818 Conway Road Bethesda, MD 20817 Office: 301-897-8838 Fax: 301-897-9143 Mobile: 240-355-8838 dschwartz@mediarelationsinc.com.
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Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Mar 27, 2006
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