IN RE LEAD PAINT LITIGATION


924 A.2d 484 (2007)

191 N.J. 405

In re LEAD PAINT LITIGATION.

Supreme Court of New Jersey.

Decided June 15, 2007.


Attorney(s) appearing for the Case

Ezra D. Rosenberg, Princeton, argued the cause for appellants, American Cyanamid Co.; Atlantic Richfield Company; Cytec Industries, Inc.; E.I. duPont de Nemours and Company, ConAgra Grocery Products Company; Millenium Inorganic Chemicals Inc.; NL Industries, Inc. and Sherwin-Williams Co. (Dechert, attorneys for Atlantic Richfield Company; Coughlin Duffy, attorneys for American Cyanamid Co. and Cytec Industries, Inc.; Riker, Danzig, Scherer, Hyland & Perretti, attorneys for E.I. duPont de Nemours and Company; Lowenstein Sandler, attorneys for ConAgra Grocery Products Company; Porzio, Bromberg & Newman, attorneys for Millenium Inorganic Chemicals Inc.; McCarter & English, attorneys for NL Industries, Inc. and Herrick, Feinstein, attorneys for Sherwin-Williams Co.; Mr. Rosenberg, Joyce Chen Shueh, Timothy I. Duffy, David W. Field, Anne M. Patterson, Lauren E. Handler, Steven P. Benenson, Andrew T. Berry and Ronald J. Levine, on the briefs).

Fidelma Fitzpatrick, Providence, RI, a member of the Rhode Island, Massachusetts, New York and District of Columbia bars and Michael Gordon argued the cause for respondents, City of Bayonne; City of Camden; Borough of Collingswood; Cumberland County; City of East Orange; County of Essex; City of Gloucester; Gloucester County; Borough of Highland Park; Township of Hillside; Township of Irvington; City of Jersey City; City of Linden; City of Newark; Borough of North Plainfield; City of Orange; City of Passaic; Town of Phillipsburg; City of Plainfield; Borough of Roselle; Borough of Roselle Park; City of Union City; County of Union; Township of Union; Town of West New York and Township of West Orange (Gordon & Gordon, attorneys for City of Newark and Township of West Orange; Morris G. Smith and Florio, Perrucci, Steinhardt & Fader, attorneys for City of Camden; Florio, Perrucci, Steinhardt & Fader, attorneys for Borough of North Plainfield; City of Gloucester; Town of Phillipsburg; Borough of Collingswood and County of Gloucester; Florio, Perrucci, Steinhardt & Fader and Hobbie, Corrigan, Bertucio & Tashjy, attorneys for City of Plainfield; Jon L. Gelman, Michael P. Burakoff and Scarinci & Hollenbeck, attorneys for City of Bayonne; City of Jersey City; City of Passaic; City of Union City and Town of West New York; Mr. Gelman, Mr. Burakoff, James J. Plaia and Marvin T. Braker, attorneys for City of Orange; Basile & Testa, attorneys for County of Cumberland; Mr. Gelman, Mr. Burakoff and Bross, Cummings & Pereira, attorneys for Township of Irvington and County of Essex; Bross, Cummings & Pereira, attorneys for City of East Orange; Mr. Gelman, Mr. Burakoff and Mr. Plaia, attorneys for City of Linden; Township of Hillside; Borough of Roselle; Borough of Roselle Park; County of Union and Borough of Highland Park; Ms. Fitzpatrick, Mr. Gordon, Mr. Smith, Mr. Burakoff, Mr. Gelman, Mr. Plaia, Mr. Braker, Michael J. Perrucci, Glenn A. Clouser, Norman M. Hobbie, Jacqueline DeCarlo, Michael L. Testa, Michael Bross, Sheldon Bross and Steven L Schepps, on the brief).

Ronald K. Chen, Trenton, Public Advocate of New Jersey, argued the cause for amicus curiae Public Advocate.

Michael J. Haas, Assistant Attorney General, argued the cause for amicus curiae Department of Health and Senior Services (Stuart Rabner, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Rachana R. Munshi and Melissa H. Raksa, Deputy Attorneys General, on the brief).

Steven J. Picco, Princeton, submitted a brief on behalf of amicus curiae Chemistry Council of New Jersey (Reed Smith, attorneys).

Kenneth J. Wilbur, Florham Park, submitted a brief on behalf of amici curiae Johnson & Johnson, New Jersey Business & Industry Association, New Jersey State Chamber of Commerce and Commerce and Industry Association of New Jersey (Drinker Biddle & Reath, attorneys).

David G. Evans, Pittstown, submitted a brief on behalf of amicus curiae Pacific Legal Foundation.

Stacy Alison Fols, Cherry Hill, submitted a brief on behalf of amicus curiae Product Liability Advisory Council, Inc. (Montgomery, McCracken, Walker & Rhoads, attorneys).


Justice HOENS delivered the opinion of the Court.

In these consolidated complaints, twenty-six municipalities and counties seek to recover, from manufacturers and distributors of lead paints, the costs of detecting and removing lead paint from homes and buildings, of providing medical care to residents affected with lead poisoning, and of developing programs to educate residents about the dangers of lead paint. Although the...

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