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Sherwin-Williams, others agree to resolve California lead litigation.

10 California cities and counties, The Sherwin-Williams Company and two other companies have mutually agreed to resolve litigation, subject to approval of the Court. This litigation, which started nearly 20 years ago, challenged the companies' legal advertising of lead-based paints over a century ago when lead-based paints were the "gold standard" and specified for use by the federal government, as well as state and local governments across the country. The agreement among the parties dissolves the residential lead paint abatement program that plaintiffs sought from the court and represents a significant reduction in their recovery. "Sherwin-Williams is pleased to have reached an agreement to resolve this litigation, and it will continue to vigorously and aggressively defend against any similar current or future litigation," the company said. "The California court's original decision in the case remains an aberration at odds with other judicial decisions across the country, where all other appellate courts have found that companies should not be held retroactively liable for lawful conduct and truthful commercial speech decades after they took place. Seven other states have already rejected public nuisance claims similar to those brought in California. Cases in Ohio, Rhode Island, Missouri, New Jersey, Illinois, New York and Wisconsin were all rejected or voluntarily dismissed. Sherwin-Williams has always maintained that the California lawsuit was meritless; even the trial court acknowledged that it was holding the Company 'retroactively liable when the state of knowledge was admittedly in its nascent stage.'"

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Publication:The Fly
Geographic Code:1U9CA
Date:Jul 17, 2019
Words:241
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