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Showing posts with label Motley Rice. Show all posts
Showing posts with label Motley Rice. Show all posts

Monday, July 28, 2014

Attorneys Who Won Landmark Lead Paint Judgment and Cleanup Named Public Justice Trial Lawyer of the Year



The attorneys who successfully fought for lead paint cleanup in People of California v. Atlantic
Fidelma Fitzpatrick
Richfield were named Sunday as Public Justice’s 2014 Trial Lawyers of the Year.
The 27 attorneys won a $1.15 billion judgment against paint manufacturers last year, successfully arguing that lead paint in homes is a public nuisance that creates a quantifiable risk of harm to children who reside in or visit those homes.
Leading the team of attorneys were (in alphabetical order) Mary E. Alexander of Mary Alexander & Associates, P.C. in San Francisco, Joseph W. Cotchett and Nancy L. Fineman of Cotchett, Pitre & McCarthy, LLP in Burlingame, Calif., Peter Earle of the Law Office of Peter Earle in Milwaukee, Wis., and Fidelma L. Fitzpatrick of the firm Motley Rice in Providence, R.I.
“This is for the children of California,” Mary Alexander said upon accepting the award. Fidelma Fitzpatrick noted that her participation in People of California was the greatest privilege of her professional career.
In California, tens of thousands of children each year have blood lead levels that exceed the Centers for Disease Control and Prevention threshold. There is virtual unanimity in the medical and scientific community that the primary cause of lead poisoning in children is the lead paint in their homes. It is also widely understood that the only way to prevent lead poisoning is to remove or remediate the paint in a child’s environment before a child gets poisoned.
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Thursday, December 26, 2013

Buffalo attorney had key role in lead-paint ruling

Fidelma Fitzpatrick is a seasoned trial attorney with the law firm of Motley Rice LLC. She is exceptionally skilled in both negotiated settlements and complex trial litigation. Fidelma assisted in crafted the historic multi-billion dollar  tobacco settlement agreement between the US State Attorney Generals and the tobacco industry. She has represented public entities in litigation against the lead paint industry including the multi-billion dollar Rhode Island trial. Fidelma Fitzpatrick is a nationally recognized advocate of children's and women's health issues. Today's post is shared from the buffalonews.com.

A Buffalo attorney played a key role in a billion-dollar court decision last week in California.
Three lead-paint makers were ordered by Santa Clara Superior Court Judge James P. Kleinberg to create the $1.1 billion fund to protect children against lead paint produced decades earlier, despite knowing it endangered human health, especially for children.
Fidelma Fitzpatrick is a Nardin graduate.
Fidelma Fitzpatrick
is a Nardin graduate.
Fidelma L. Fitzpatrick, a Nardin Academy and Canisius College graduate who lives with her family in Elmwood Village, was lead trial counsel representing 10 California municipalities, including Los Angeles County and the cities of San Diego and San Francisco.
The verdict calls for the companies to put the money in a special health department fund dedicated to lead-poisoning prevention. The municipalities would then draw an allotted amount for use on lead inspections, repairs and removal effecting hundreds of thousands of homes.
“From a public health standpoint, the decision is absolutely monumental. The good that this will bring to the children of California cannot be understated. Children today and future generations will be protected from lead poisoning because of it,” Fitzpatrick said.
She has worked on the case for the South Carolina-based law firm Motley Rice for the past 13 years.
In the bench trial, Kleinberg found Sherwin-Williams Co., NL Industries and ConAgra Grocery Products Co. guilty of creating a public nuisance by manufacturing and selling lead paint long after...
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Tuesday, December 17, 2013

Firms to pay $1.1-billion in long-running lead paint lawsuit

In an historic ruling, a California Judge, held the lead paint pigment manufacturers liable for the damage they caused children by placing toxic lead pigment into paint. The companies will be held accountable for the remediation required to make homes and other buildings safe. The case was prosecuted by a team of lawyers, including nationally recognized lead litigation experts, Motley Rice, Providence, RI. This article is shared from the latimes.com

A Northern California judge Monday ordered three companies to pay $1.1 billion to remove lead-based paint from inside California homes, concluding a 13-year legal case.

Santa Clara County Superior Court Judge James P. Kleinberg ruled that ConAgra, NL Industries and Sherwin-Williams created a “public nuisance” by selling lead-based paint for decades before it was banned in 1978, finding them liable for exposing children to a known poison.

The opinion set aside $605 million, or 55% of the judgment, to pay for lead removal in Los Angeles County. The money will go into a fund administered by the state’s Childhood Lead Poisoning Prevention Branch and will pay for inspections and lead abatement on the inside walls of tens of thousands of homes.

“The court is convinced there are thousands of California children in the Jurisdictions whose lives can be improved, if not saved through a lead abatement plan,” the judge’s ruling said.

Local governments sued major paint manufacturers in 2000,...


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Click here to read the complete Decision. People v. Atlantic Richfield Company, et al.
Superior Court of California, County of Santa Clara
Case No. 1-00-CV-788657