Lead Paint Companies Appeal Rhode Island Decision on Lawsuit Cost

July 21, 2010

Companies that sold lead-based paint have appealed a judge’s decision denying them reimbursement for the cost of defending themselves against a lawsuit from Rhode Island.

Superior Court Judge Michael Silverstein ruled in May the state didn’t have to repay them.

The manufacturers argued they were entitled to reimbursement because the state Supreme Court in 2008 ruled in their favor and reversed a landmark jury verdict that could’ve cost them billions of dollars.

A notice of appeal was filed Friday by the three companies that ultimately won the case — Sherwin-Williams Co., NL Industries Inc. and Millennium Holdings LLC. Three other companies that had been sued but didn’t go to trial joined in the appeal.

Sherwin-Williams lawyer Charles Moellenberg says Rhode Island court rules enable winning sides of a lawsuit to recover their costs and this case should be no different.

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