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Quote of the Day - It's a small world, but I wouldn't want to paint it. - Steven Wright
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Lead-based Paint Suit Hits The Wall In Illinois

Lead-based paint has been a problem for both government and businesses for some time. Decades, in fact.

Chicago apparently decided to get creative and brought a nuisance action against several businesses that produced lead-based paint. Last month, the Illinois Court of Appeal upheld the trial court's dismissal of the case.

The Appeals Court dug deep into the tort closet and pulled out some colorful language to emphasize why it agreed with the dismissal. It thought the lead-based paint applied many years ago was not the legal cause of the problem sought to be remedied by the City of Chicago.

"What we do mean by the word 'proximate' is that, because of convenience, of public policy, of a rough sense of justice, the law arbitrarily declines to trace a series of events beyond a certain point. This is not logic. It is practical politics." That gem comes from the dissent of Justice Andrews in the seminal case of Palsgraf v. Long Island Railroad,

The Illinois Court continued, "We agree with the sentiment expressed by some courts that 'at some point along the causal chain, the passage of time and the span of distance mandate a cut-off point for liability.' "

Is there a remedy for every wrong? Even years later?

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Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Monday, February 07, 2005 at 11:31 Comments Closed (0) |
 
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