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Rhode Island Supreme Court

Case Status

Decided

Docket Number

04-63-MP, 06-158-A & 07-121-A

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Case Updates

Rhode Island Supreme Court addresses improper use of public nuisance cause of action

July 01, 2008

Agreeing with NCLC in 2008, the Rhode Island Supreme Court joined a chorus of other courts to hold that the public nuisance doctrine cannot be used to hold manufacturers of lead pigment liable for the alleged presence of lead paint in buildings throughout the state.

U.S. Chamber files amicus brief regarding public nuisance

January 31, 2008

In 2008, NCLC argued that a series of legal errors by the trial court produced a jury verdict holding manufacturers of lead pigment liable for creating a public nuisance in buildings throughout the state of Rhode Island. In its brief, NCLC maintained that the trial court’s rulings represented a vast departure from the foundational requirements of public nuisance law and create a new form of absolute liability.

Outcome

June 02, 2006

In 2006, the Rhode Island Supreme Court declined to consider whether the use by the Rhode Island Attorney General of private counsel on a contingency fee basis violated the Constitutions of the United States and of Rhode Island.

U.S. Chamber files amicus brief regarding contingency fee arrangements

May 13, 2005

In 2005, concerned that the Rhode Island attorney general created a substantial conflict of interest, NCLC filed a brief with the Rhode Island Supreme Court describing in detail the troubling relationships between state attorneys general and private counsel which have undermined public confidence in the states' primary litigators. In doing so, NCLC carefully distinguished between contingency fee arrangements entered into by plaintiffs with limited resources and similar agreements entered into by states which, by the very nature of the public interest they serve, should be concerned with more than maximizing potential recovery.

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