In re Lead Paint Litigation

191 N.J. 405, 924 A.2d 484 (2007)

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In re Lead Paint Litigation

New Jersey Supreme Court
191 N.J. 405, 924 A.2d 484 (2007)

  • Written by Tammy Boggs, JD

Facts

Lead was a naturally occurring metal used for various purposes, including in paint. Absorption and ingestion of lead paint was found to cause serious health problems, particularly in children. Congress passed several federal laws to address the nationwide problem of exposure to lead paint. In addition, the New Jersey legislature passed the Lead Paint Act, which prohibited the knowing use of lead paint on specified surfaces as a “public nuisance.” Under the Lead Paint Act, local boards of health were authorized to sue property owners to recover abatement costs from statutory violations. Asserting various legal theories, a group of municipalities and counties (the government) (plaintiffs) sued manufacturers and distributors of lead paints (the manufacturers) (defendants) to recover remedial costs from harm caused by lead paint. For example, the government sought costs for removing lead paint from homes, providing medical care for lead-paint poisoning, and creating educational programs on the dangers of lead paint. A legal issue arose as to whether the government could assert a common-law public-nuisance claim against the manufacturers. The trial court decided that no claim could be stated, but the appellate division reversed. The matter came before the New Jersey Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Hoens, J.)

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