Comments on: Wisconsin Supreme Court Rules In Favor of Lead Paint Manufacturers http://jonathanturley.org/2009/07/15/wisconsin-supreme-court-rules-in-favor-of-lead-paint-manufacturers/ Res ipsa loquitur ("The thing itself speaks") Wed, 25 Nov 2009 06:08:35 +0000 http://wordpress.com/ hourly 1 By: JLB http://jonathanturley.org/2009/07/15/wisconsin-supreme-court-rules-in-favor-of-lead-paint-manufacturers/#comment-67841 JLB Wed, 15 Jul 2009 23:16:15 +0000 http://jonathanturley.org/?p=12795#comment-67841 It's incorrect to say that the court rejected Restatement (Third). All six sitting justices agreed that there is no liability, but three of those justices would base their ruling on Restatement (Third). In addition, another defective design case, Horst, was decided on the same day with three justices saying they would adopt Restatement (Third). Tallying up the votes in the two cases shows that a majority of the court favors Restatement (Third). The writing is on the wall--Restatement (Third) will be adopted by the court. The separate opinions in each case provide an excellent overview of Restatement (Third)'s merits. It’s incorrect to say that the court rejected Restatement (Third). All six sitting justices agreed that there is no liability, but three of those justices would base their ruling on Restatement (Third). In addition, another defective design case, Horst, was decided on the same day with three justices saying they would adopt Restatement (Third). Tallying up the votes in the two cases shows that a majority of the court favors Restatement (Third). The writing is on the wall–Restatement (Third) will be adopted by the court. The separate opinions in each case provide an excellent overview of Restatement (Third)’s merits.

]]> By: MASkeptic http://jonathanturley.org/2009/07/15/wisconsin-supreme-court-rules-in-favor-of-lead-paint-manufacturers/#comment-67733 MASkeptic Wed, 15 Jul 2009 15:47:09 +0000 http://jonathanturley.org/?p=12795#comment-67733 We'll bill them as "The Last Car You'll Ever Need!" We’ll bill them as “The Last Car You’ll Ever Need!”

]]> By: MASkeptic http://jonathanturley.org/2009/07/15/wisconsin-supreme-court-rules-in-favor-of-lead-paint-manufacturers/#comment-67732 MASkeptic Wed, 15 Jul 2009 15:46:28 +0000 http://jonathanturley.org/?p=12795#comment-67732 Wait so as long as I list the toxic ingredient on the label then it becomes an integral part of the finished product and therefore not defective? Even if there were nontoxic alternatives and I KNEW that the additive was dangerous but I still chose to use a cheaper but toxic chemical? WOW. It's like selling radioactive cars. Inexpensive, amazing mileage, and they'll look great but they'll give you cancer after a couple of years BUT THEY'RE NOT DEFECTIVE! It's a 'design feature'. How does this jive with similar rulings on drug safety? Wait so as long as I list the toxic ingredient on the label then it becomes an integral part of the finished product and therefore not defective? Even if there were nontoxic alternatives and I KNEW that the additive was dangerous but I still chose to use a cheaper but toxic chemical?
WOW.
It’s like selling radioactive cars. Inexpensive, amazing mileage, and they’ll look great but they’ll give you cancer after a couple of years BUT THEY’RE NOT DEFECTIVE! It’s a ‘design feature’.

How does this jive with similar rulings on drug safety?

]]> By: Dredd http://jonathanturley.org/2009/07/15/wisconsin-supreme-court-rules-in-favor-of-lead-paint-manufacturers/#comment-67685 Dredd Wed, 15 Jul 2009 11:08:11 +0000 http://jonathanturley.org/?p=12795#comment-67685 The "poison paint doesn't hurt anyone" crowd has probably been damaged by lead paint on chambers walls. http://blogdredd.blogspot.com/2009/07/global-climate-homeland-insecurity.html The “poison paint doesn’t hurt anyone” crowd has probably been damaged by lead paint on chambers walls.

http://blogdredd.blogspot.com/2009/07/global-climate-homeland-insecurity.html

]]> By: Anonymously Yours http://jonathanturley.org/2009/07/15/wisconsin-supreme-court-rules-in-favor-of-lead-paint-manufacturers/#comment-67683 Anonymously Yours Wed, 15 Jul 2009 10:56:23 +0000 http://jonathanturley.org/?p=12795#comment-67683 From what I understand is that the paint industry was developed for use in the automotive world. Some of the seemingly impossible cases to reconcile will have had some root in the auto industry. If memory serves correct the liability for contaminated land went on for whoever owned it whenever it was owned, including the lender that loaned money. You see who now pays for the Superfund Clean up under the environmental law cases? From what I understand is that the paint industry was developed for use in the automotive world. Some of the seemingly impossible cases to reconcile will have had some root in the auto industry.

If memory serves correct the liability for contaminated land went on for whoever owned it whenever it was owned, including the lender that loaned money. You see who now pays for the Superfund Clean up under the environmental law cases?

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