Sides rest in Calif. lead paint trial

Now a waiting the decision on the "Lead Paint Tria," the judicial deliberations will commence after closing arguements scheduled  for Sept. 23, 2013. Today's post was shared by Legal Newsline and comes from legalnewsline.com

Kleinberg

Santa Clara County Superior Court Judge James Kleinberg on Thursday praised lawyers prosecuting and defending a 13-year-old lead paint public nuisance case after both sides rested at trial.

“Lawyers on both sides and their staff did an exceptional job in every way,” he said. “I must tell you that ‘impressed’ would be too mild of a word. All of your clients ought to be extremely, extremely proud.”
Kleinberg described the six-week trial experience as “difficult,” but “joyous.”

What awaits are a couple of deadlines for papers, but most importantly closing arguments which are set for Sept. 23.

At closing, plaintiffs will get 30 minutes for argument and 15 minutes for rebuttal. Each of the five defendants will get 30 minutes for argument and 15 minutes for rebuttal.

Ten California cities and counties are seeking declaration of public nuisance on pre-1978 built private residences with interior lead paint, as well as more than $1.2 billion in monetary damages to abate the lead in nearly 500,000 residences.

In The People of California v. Atlantic Richfield, et.al., other named defendants are The Sherwin Williams Co., Con Agra, DuPont, and NL Industries.

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Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Lead Paint - Industry Has Yet to Meet Its Responsibility

Bill Moyers recently interviewed Gerald Markowitz and David Rosner, public health historians and authors of several books, including Lead Wars, about the politics of toxic substances. 

"And the industry said over 50 years ago that this was an insoluble problem, it was a problem of, caused by slums, it was a problem caused by who they called uneducable parents. And so that they washed their hands of the problem and they have still washed their hands of the problem. Parents have played, excuse me, paid the cost of lead poisoning. Landlords have even paid the cost of lead poisoning. The government has paid the cost of lead poisoning. The industry has not paid to get that lead off the walls so future generations of children can be protected." Gerald Markowitz

Click here to see the entire video recording of the program: "Toxic Disinformation" aired on PBS May 17, 2013.

California Public Entity Lead Paint Lawsuit Trial Starts (Bloomberg 7.15.13)

Company Faces Fine for Failing to Inform Residents about the Presence of Lead-based Paint and its Dangers

Lead paint at worksites remains a clear and present danger to workers. The U.S. Environmental Protection Agency has issued a complaint against CRM Rental Management, Inc. of Rome, N.Y. for not informing residents of its buildings about potential lead-based paint in their apartments. 


It is estimated that three-quarters of U.S. residential dwellings built before 1978 contain some lead-based paint. Infants and young children are especially vulnerable to lead-based paint exposure, which can cause IQ deficiencies, reading and learning disabilities, impaired hearing, reduced attention spans, hyperactivity and behavioral problems. CRM Rental Management faces over $140,000 in potential fines for 43 instances in which the company failed to properly inform residents of four buildings in New Hartford and Rome, New York about the potential presence of lead-based paint. 

“Lead paint is a serious threat to children’s health and disclosure can arm families with information they need to protect their kids,” said Judith A. Enck, EPA Regional Administrator. "Rental agents, property managers and building owners are required to follow EPA lead paint disclosure requirements and make sure people are aware of potential lead hazards in homes.”

Lead poisoning remains one of the most prevalent threats to children's well-being but it is also one of the most preventable. Under federal law, families have the right to know whether there are any potential lead-paint hazards in a prospective home, and must be informed about the harm lead can inflict on small children. Pregnant women and children younger than age six are among the most vulnerable to adverse health risks from lead-based paint.

EPA regulations require real estate management companies and property owners that sell or rent housing built before 1978 to provide renters or buyers with a form that contains a warning about the dangers of lead-based paint and discloses information about its presence. People renting or buying an apartment or home must verify that they received the required warning and disclosure information, including the EPA pamphlet, Protect Your Family from Lead in Your Home.Prospective purchasers have a 10-day opportunity to assess the property for risks for the presence of lead-based paint.

The complaint against CRM Rental Management alleges that the company failed to provide residents with lead-based paint warning and disclosure statements, making them aware of records or reports that would alert them to potential lead-based paint hazards, and secure required signatures verifying that the required information was received.

In collaboration with the U.S. Department of Housing and Urban Development and the Centers for Disease Control, EPA operates the National Lead Information Center, including a toll-free hotline that can be reached at 1-800-424-LEAD (5323).

For more information on lead and the risks posed by lead paint, visit: http://www.epa.gov/lead......

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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Click here to read more about lead paint pollution.