CLARK v. AMERICAN CYANAMID CO.

No. 2014AP775.

877 N.W.2d 117 (2016)

2016 WI 24

Yasmine CLARK a Minor, by her Guardian ad Litem, Susan M. GRAMLING, Plaintiff-Respondent, v. AMERICAN CYANAMID COMPANY, Armstrong Containers. Inc., E.I. Dupont De Nemours and Company, Atlantic Richfield Company and The Sherwin-Williams Company, Defendants-Appellants, Milwaukee County Department of Health and Human Services and NL Industries, Inc., Defendants.

Supreme Court of Wisconsin.

Decided April 15, 2016.


Attorney(s) appearing for the Case

For the defendants-appellants, there were briefs by Jeffrey K. Spoerk , James E. Goldschmidt and Quarles & Brady LLP, Milwaukee, and Leon F. DeJulius, Jr. , Charles H. Moellenberg, Jr. and Jones Day, Pittsburgh, PA. Oral argument by Leon F. DeJulius, Jr.

For the plaintiff-respondent, there was a brief by Peter G. Earle and the Law Office of Peter Earle, LLC, Milwaukee and Jonathan Orent , Fidelma Fitzpatrick and Motely Rice, LLC, Providence, RI, and oral argument by Peter G. Earle and Fidelma Fitzpatrick.

There was an amicus curiae brief by Brad Schimel , attorney general, Misha Tseytlin , solicitor general, Luke N. Berg , deputy solicitor general and Amy C. Miller , staff attorney, and the Wisconsin Department of Justice. Oral Argument by Luke N. Berg for the defendants-appellants.


ON CERTIFICATION FROM THE COURT OF APPEALS

¶ 1 The court is equally divided on whether to affirm or reverse the decision of the circuit court for Milwaukee County. Chief Justice Patience Drake Roggensack, Justice Shirley S. Abrahamson, and Justice Ann Walsh Bradley would affirm. Justice David T. Prosser, Justice Annette Kingsland...

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