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City of Milwaukee v. NL Industries

691 N.W.2d 888 (2004)

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City of Milwaukee v. NL Industries

Wisconsin Court of Appeals
691 N.W.2d 888 (2004)

  • Written by Haley Gintis, JD

Facts

NL Industries, Inc., and Mautz Paint (collectively, the companies) (defendants) produced and sold lead-based paint throughout the city of Milwaukee (the city) (plaintiff). By 1998, the city faced a public health crisis, with one in five children suffering from lead poisoning. In response, the city filed an action in Wisconsin state court against the companies on theories of public nuisance, conspiracy, and restitution. Although the city conceded that it could not link the companies’ paint with the homes in which the children experienced lead poisoning, the city produced evidence through letters and statements made by officials of the companies that the companies worked together to continue selling their paint despite knowing it contained high levels of lead. The city claimed that the companies’ actions resulted in the creation of a public nuisance and constituted a conspiracy. The companies moved for summary judgment on the ground that the city was unable to demonstrate that the companies had caused the children’s lead poisoning. The trial court granted the motions. The matter was appealed to the Wisconsin Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Kessler, J.)

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