Ohio Sues Lead Paint Manufacturers

Attorney General Marc Dann filed suit against lead paint manufacturers, similar to the suits already filed by cities such as Toledo and East Cleveland.  See our prior post: East Cleveland Suing Lead Paint Manufacturers.  These suits aim to declare lead paint a public nuisance, and require manufacturers to remove lead paint from homes and other buildings.  The Attorney General's suit covers all areas of Ohio that have not previously filed a lead paint suit, and may eventually encompass the cities that have already filed suit. See State Files Suit vs. Paint Makers by Peter Krouse and Olivera Perkins, The Plain Dealer, Apr. 4, 2007; Ohio Lawsuit Targets Paint Industry , Toledo Blade, Apr. 4, 2007. 

The case is Ohio v. Sherwin-Williams, Franklin County Common Pleas Case No. 07-CV-004587.  The docket  can be accessed at the Franklin County Recorder's web page. 

The AG asserts that his suit is not affected by Am. Sub. SB 117, because the suit was filed before SB 117's effective date. SB 117 prohibits nuisance lawsuits against manufacturers.  The status of SB 117 is uncertain, because while Taft allowed the bill to go into law without his signature, incoming governor Strickland vetoed the bill. See our prior posts:  Republican Legislators Sue to Overturn Strickland Veto and Incoming Governor Vetoes CSPA Limits.  However, the paint companies will argue that SB 117 was merely a clarification of prior statutes, and the prior statutes demonstrate an intent to disallow nuisance suits against manufacturers.