Case Notes

State of Rhode Island v. Lead Industries Association, Inc.In a landmark decision, the Rhode Island Supreme Court unanimously overturned a 2006 jury verdict against three former manufacturers of lead pigment, ending a nine-year legal battle between the manufacturers and the Rhode Island Attorney General.

$926 Million Judgment Entered in Favor of Class of Property Owners in Rocky Flats Nuclear Facility Litigation The U.S. District Court for the District of Colorado recently entered judgment in the amount of $926 million in favor of a class of approximately 15,000 property owners who owned property near the Rocky Flats nuclear weapons facility outside of Denver. Although the judgment reflects a jury’s verdict in a bifurcated trial that did not resolve all of the plaintiffs’ claims, the judgment is the latest development in over 18 years of litigation regarding the now-closed weapons facility.

The Supreme Court Rejects Virtual Representation as a Basis for Nonparty PreclusionOn June 12, 2008, the Supreme Court decided Taylor v. Sturgell, the Freedom of Information Act (“FOIA”) virtual representation case.  The unanimous opinion by Justice Ginsburg unequivocally rejects virtual representation as a basis for nonparty preclusion.