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TWO LAWSUITS AGAINST LEAD INDUSTRY TERMINATED

    WAYNE, Pa., Sept. 15 /PRNewswire/ -- Former makers of lead pigments and paints have emerged unscathed from two closely watched personal injury lawsuits which were resolved in recent days and featured in the Sept. 15 issue of Mealey's Litigation Report:  Lead.
    In a case followed closely because of its novel liability theories, the First Circuit U.S. Court of Appeals held Sept. 10 that Massachusetts courts would not hold lead industry defendants liable for injuries to Monica Santiago because she could not ensure that innocent manufacturers would not be lumped in with those likely to be liable for causing her injuries (Santiago v. Sherwin-Williams).  Santiago was proceeding under a market share theory, spreading the liability among companies which produced the bulk of lead pigment in this country.  There are still a handful of such cases pending, with several in Massachusetts likely to follow the path of Santiago.
    In a case in which the market share claims had already been removed, three Pennsylvania and New Jersey painters agreed to drop their class action against the same industry defendants (Swartzbauer v. Lead Industries Association).  Although a judge's order and stipulation signed by the parties did not give a reason, plaintiffs and defendants had argued in recent months over whether the name plaintiffs were actually lead poisoned or could properly represent a proposed class of 21,000 people.  Dismissal in the case, which was pending in U.S. District Court in Philadelphia, was made without prejudice, meaning it could be filed again.
   Mealey Publications Inc. of Wayne issues its Lead report twice each month and sponsors an annual national conference on lead litigation. Mealey's also publishes legal reports on asbestos, environmental insurance, Superfund, punitive damages, bad faith, reinsurance, insurance insolvency, international arbitration, toxic torts, breast implants, intellectual property and Americans With Disabilities Act.
    /delval/
    -0-             09/15/93
    CONTACT:  John T. Hayes of Mealey Publications, 215-688-6566 CO:  MEALEY PUBLICATIONS, INC. IN:  PUB ST:  PA


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Publication:PR Newswire
Date:Sep 15, 1993
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