Typical defendant Kelly Moore Paint has turned the tables on its supplier, Union Carbide Corporation, now known as Dow Chemical.
KMP has even hired a typical plaintiff's lawyer, Mark Lanier. He's squaring off against Scott D. Lassetter in a small Texas town, Angleton.
Lanier won a $115 million compensatory, $100 million punitive case there.
The case goes to trial in a few short days. There's already been lots of wrangling - out of five motions for summary judgment filed by Union Carbide, they've won one, knocking KMM's civil conspiracy claim out. KMM is on its Fifth Amended Complaint. Needless to say, KMM has had some pleading issues.
It's not unusual for manufacturers (KMM) to turn the table on suppliers (UCC) and attempt to pass along the liability that injured workers and consumers have saddled on the manufacturer. What's unusual here is that KMM's lawyer is truly a plaintiff's lawyer.
Watch this space for a follow-up at the end of the month. Same bat time, same bat channel.