Painting & Coating Industry (PCI) logo Powder coating summit logo
  • Sign In
  • Create Account
  • Sign Out
  • My Account
  • NEWS
  • PRODUCTS
  • MATERIALS
  • TECHNOLOGIES
  • FINISHING
  • RESOURCES
  • EVENTS
  • DIRECTORIES
  • EMAGAZINE
  • CONTACT
cart
facebook twitter linkedin youtube
  • NEWS
  • Latest News
  • Market Trends & Reports
  • Price Alerts
  • Subscribe to eNewsletters
  • Global Top 10/ PCI 25
  • Weekly Featured Article
  • COATLE Word Game
  • PRODUCTS
  • Product News
  • Must See Products and Services
  • MATERIALS
  • Additives
  • Resins/Polymers
  • Pigments
  • Equipment
  • Distributors
  • TECHNOLOGIES
  • Adhesives
  • Architectural Coatings
  • Industrial Coatings
  • Nanotechnology
  • Powder Coatings
  • Solventborne
  • Special Purpose Coatings
  • Sustainability
  • UV Coatings
  • Waterborne
  • Waterborne
  • FINISHING
  • Finishing News
  • Finishing Technologies
  • Finishing Equipment
  • RESOURCES
  • Columns
  • Blogs
  • Coatings Supplier Handbook
  • Podcasts and Videos
  • PCI Store
  • eBooks
  • Sponsor Insights
  • White Papers
  • COATLE Word Game
  • Columns
  • Ask Joe Powder
  • Did you know?
  • Distribution Dive
  • Focus on Canada
  • Formulating With Mike
  • Innovation Insights
  • Moody's Coatings Conundrums
  • Powder Coating Perspectives
  • Target the Market
  • TiO2 Insider
  • Blogs
  • Editor's Viewpoint
  • Industry Insights
  • Podcasts and Videos
  • COAT-IT! Podcast
  • Videos/PCI TV
  • EVENTS
  • Coatings Trends & Technologies Summit
  • Paint and Coatings Academy
  • Webinars
  • Calendar of Events
  • Lifetime Achievement Award
  • DIRECTORIES
  • Buyer's Guide
  • Equipment Directory
  • Materials Directory
  • EMAGAZINE
  • Current Issue
  • eMagazine Archive
  • China Issue Archive
  • Editorial Advisory Board
  • CONTACT
  • Contact Us
  • Advertise
  • Subscribe to eMagazine
  • Subscribe to eNewsletters
Painting & Coating Industry (PCI) logo Powder coating summit logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Painting & Coating Industry (PCI) logo Powder coating summit logo
  • NEWS
    • Latest News
    • Market Trends & Reports
    • Price Alerts
    • Subscribe to eNewsletters
    • Global Top 10/ PCI 25
    • Weekly Featured Article
    • COATLE Word Game
  • PRODUCTS
    • Product News
    • Must See Products and Services
  • MATERIALS
    • Additives
    • Resins/Polymers
    • Pigments
    • Equipment
    • Distributors
  • TECHNOLOGIES
    • Adhesives
    • Architectural Coatings
    • Industrial Coatings
    • Nanotechnology
    • Powder Coatings
    • Solventborne
    • Special Purpose Coatings
    • Sustainability
    • UV Coatings
    • Waterborne
    • FINISHING
      • Finishing News
      • Finishing Technologies
      • Finishing Equipment
    • RESOURCES
      • Columns
        • Ask Joe Powder
        • Did you know?
        • Distribution Dive
        • Focus on Canada
        • Formulating With Mike
        • Innovation Insights
        • Moody's Coatings Conundrums
        • Powder Coating Perspectives
        • Target the Market
        • TiO2 Insider
      • Blogs
        • Editor's Viewpoint
        • Industry Insights
      • Coatings Supplier Handbook
      • Podcasts and Videos
        • COAT-IT! Podcast
        • Videos/PCI TV
      • PCI Store
      • eBooks
      • Sponsor Insights
      • White Papers
      • COATLE Word Game
    • EVENTS
      • Coatings Trends & Technologies Summit
      • Paint and Coatings Academy
      • Webinars
      • Calendar of Events
      • Lifetime Achievement Award
    • DIRECTORIES
      • Buyer's Guide
      • Equipment Directory
      • Materials Directory
    • EMAGAZINE
      • Current Issue
      • eMagazine Archive
      • China Issue Archive
      • Editorial Advisory Board
    • CONTACT
      • Contact Us
      • Advertise
      • Subscribe to eMagazine
      • Subscribe to eNewsletters
    Breaking NewsIndustry News

    Two Sides in Rhode Island Case Offer Contrasting Views Following Mistrial

    December 1, 2002
    PROVIDENCE, RI - Attorneys representing the state of Rhode Island and the eight companies the state had targeted in a key lead-paint lawsuit offered sharply contrasting opinions on the potential impact of the mistrial that was declared after a jury was unable to reach a verdict in the case.

    Lawyers representing the companies said the mistrial - declared by Superior Court Judge Michael A. Silverstein after seven weeks of testimony and approximately four days of jury deliberation - illustrates that litigation is a wasteful exercise and is "not the answer" to concerns about lead hazards.

    Lawyers representing the Rhode Island Attorney General's office, meanwhile, indicated that another attempt is likely in their efforts to win a court verdict against former suppliers of lead paint and pigments.

    The jury was deadlocked four votes to two in favor of the defendant companies, with a unanimous vote required for a decision. In a trial that began Sept. 4, the state attorney general's office had sought to show that the companies had caused a "public nuisance" due to hazards of old lead-based paint.

    John Tarantino, one of the attorneys representing the defendant companies, said the mistrial shows that litigation is not the way to address the issue of lead hazards. According to news reports following the trial, Tarantino said a recently enacted lead-enforcement law in Rhode Island should be given a chance to help deter such hazards. "I hope the state will take something from this," Tarantino said. "The jury has made it clear this is not an argument you can get unanimity on."

    Andrew Doyle, president of the National Paint & Coatings Association, agreed. "Judge Silverstein's decision demonstrates, again, that litigation is not the answer. It only serves to delay good-faith efforts to achieve constructive solutions to eradicating childhood lead poisoning," Doyle said.

    But Rhode Island Attorney General Sheldon Whitehouse, who filed the suit, said the mistrial merely delays the state's legal challenge to the companies. Whitehouse said he will ask the judge to make a legal determination that the state proved its case, and will seek to initiate a new trial if necessary.

    News reports said that the jury foreman, George Mansi, believed the state proved its case. He said a key question in the eyes of some jurors, however, was the state's concession that it could not prove that any children were poisoned in hospitals, schools or other public buildings. In its complaint, the state had included such facilities, along with housing, as possible sources of lead poisoning.

    Tim Hardy, an attorney who represented NL Industries Inc. in the Rhode Island trial, told PCI that he saw the question about lead hazards in hospitals, schools and other public buildings as just one of the factors that affected the views of the jurors. He said the defendant companies had also been able to show that lead poisoning cases also occurred in a very small percentage of the state's housing.

    Hardy said he believed the defendant companies had made a strong case that the use of "common maintenance practices" can protect children from lead hazards. "That was the core of our presentation and a position espoused by EPA, HUD and the Rhode Island Department of Health," Hardy said, making the point that publications issued by federal and state agencies advise property owners about maintenance of buildings and how it can prevent lead exposure.

    Asked about how the mistrial might affect lead-paint lawsuits either pending or under consideration in other jurisdictions, Hardy said industry representatives are hopeful there may be a chilling effect on such litigation.

    "I hope that what it means is that other government officials will realize that these cases go on a long time, consume resources and don't help any kids," he said. "I hope instead that they will direct resources to the enforcement of laws on the books requiring that paint be maintained in housing."

    Both sides in the Rhode Island case have indicated that they will file briefs asking the judge to issue a summary judgment in their favor. Hardy said rulings on those motions are not anticipated for weeks, meaning announcements about a new trial are not likely until after the first of the year.

    The attorney heading the state's legal team, Leonard Decof, was quoted in the Providence Journal as saying that he was looking forward to initiating another trial. After participating in discussions with the jurors following the mistrial ruling, Decof called the proceedings "an education process."

    "We're going to be trying this case again and we'd like to know how this case was perceived," he said of the meeting with jurors. Judge Silverstein said he invited lawyers from both sides to meet with the jury in the belief that it would be "helpful when the case is retried, as it almost certainly will be."

    Any decision about a second trial, however, is likely to be in the hands of the next Rhode Island attorney general, Patrick C. Lynch, a Democrat who was elected Nov. 5. Whitehouse ran unsuccessfully for governor, and will leave the attorney general's post in January.

    Following the mistrial, Lynch issued a statement saying he was disappointed that the jury had failed to render a verdict for the state, and he vowed to continue the "valiant work begun by Whitehouse to protect the most vulnerable members of our society."

    During the trial, the state called to the witness stand nine doctors and scientists, some of whom testified that lead paint can be dangerous no matter what condition it's in. Some of those expert witnesses also said lead can cause brain damage and other neurological problems even when present in very low concentrations. Attorneys for the defendant companies countered that existing laws state that intact lead paint does not pose a hazard if proper maintenance practices are employed.

    Share This Story

    Looking for a reprint of this article?
    From high-res PDFs to custom plaques, order your copy today!

    Recommended Content

    JOIN TODAY
    to unlock your recommendations.

    Already have an account? Sign In

    • PCI-0724-Global10-Feature-1440.png

      2024 Global Top 10: Top Paint and Coatings Companies

      Who ranks on top? PCI’s annual ranking of the top 10...
      Paint and Coating Market Reports
      By: Courtney Bassett
    • PCI-0724-PCI25-Feature-1440.png

      2024 PCI 25: Top Paint and Coatings Companies

      PCI's annual ranking of the top 25 North American paint...
      Paint and Coating Market Reports
      By: Courtney Bassett
    • pci1022-Kinaltek-Lead-1170.jpg

      A Novel Pigment Production Technology

      Following an extensive R&D program that demonstrated...
      Paint and Coating Pigments
      By: Jawad Haidar and Nitin Soni
    You must login or register in order to post a comment.

    Report Abusive Comment

    Subscribe For Free!
    • eMagazine
    • eNewsletter
    • Online Registration
    • Subscription Customer Service

    The Coatings Minute: Print Returns with PCI’s New Showcase Issue

    The Coatings Minute: Print Returns with PCI’s New Showcase Issue

    The Coatings Minute: Why Industry News Matters More Than Ever

    The Coatings Minute: Why Industry News Matters More Than Ever

    The Coatings Minute: Your Inside Look at PCInnovations

    The Coatings Minute: Your Inside Look at PCInnovations

    CTT Registration Now Open

    CTT Registration Now Open

    More Videos

    Sponsored Content

    Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the PCI audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of PCI or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

    close
    • Modern arapartment complex painted in bright colors.
      Sponsored byEPS - Engineered Polymer Solutions

      Architectural Polymers Leading the Way in Coatings Innovation

    • paint sprayer in a workshop
      Sponsored byallnex

      Enabling Performance and Compliance: allnex Introduces a New Line of VOC Exempt Solvent-Borne Resins

    Popular Stories

    No. 3 AkzoNobel

    AkzoNobel to Close Two Manufacturing Sites

    A collage of products using non-PFAS

    A Surge in Non-PFAS Releases

    Modern living room interior with green plants, sofa and green wall

    Reimagining Architectural Paints with Plant-Based Acrylic Binders



    PCI Buyers Guide

    Submit a Request for Proposal (RFP) to suppliers of your choice with details on what you need with a click of a button

    Start your RFP

    Browse our Buyers Guide for manufacturers and distributors of all types of coatings products and much more!

    Find Suppliers

    Events

    September 3, 2025

    Coatings Trends & Technologies Summit

    The Coatings Trends & Technologies (CTT) Summit is an annual conference for both liquid and powder coatings formulators and manufacturers to discuss innovations in coatings technology. This event combines high-quality technical presentations, a resource-rich exhibit hall, and dedicated networking opportunities to connect scientific minds, foster innovation, and cultivate game-changing new ideas!

    January 1, 2030

    Webinar Sponsorship Information

    For webinar sponsorship information, visit www.bnpevents.com/webinars or email webinars@bnpmedia.com.

    View All Submit An Event

    Poll

    Longest-running laboratory experiment

    What is the longest-running laboratory experiment?
    View Results Poll Archive

    Products

    CTT Summit Short Courses (Live 9/3/25)

    Coatings Trends & Technologies Summit is expanding its offerings with four short courses. These short courses will offer an extensive day of interactive learning.

    See More Products
    pci  webinar april 2025

    PCI CASE EBOOK

    Related Articles

    • Industry Lawyers Express Optimism About Ruling in Rhode Island Lead Case

      See More
    • New Trial in Rhode Island Lead Suit Delayed Until 2005

      See More
    • Rhode Island Judge Orders Second Lead-Paint Trial to Proceed in April 2004

      See More
    ×

    Keep the info flowing with our eNewsletters!

    Get the latest industry updates tailored your way.

    JOIN TODAY!
    • RESOURCES
      • Advertise
      • Contact Us
      • Directories
      • Store
      • Want More
    • SIGN UP TODAY
      • Create Account
      • eMagazine
      • eNewsletters
      • Customer Service
      • Manage Preferences
    • SERVICES
      • Marketing Services
      • Reprints
      • Market Research
      • List Rental
      • Survey & Sample
    • STAY CONNECTED
      • LinkedIn
      • Facebook
      • Youtube
      • X (Twitter)
    • PRIVACY
      • PRIVACY POLICY
      • TERMS & CONDITIONS
      • DO NOT SELL MY PERSONAL INFORMATION
      • PRIVACY REQUEST
      • ACCESSIBILITY

    Copyright ©2025. All Rights Reserved BNP Media.

    Design, CMS, Hosting & Web Development :: ePublishing

    Painting & Coating Industry (PCI) logo Powder coating summit logo
    search
    cart
    facebook twitter linkedin youtube
    • Sign In
    • Create Account
    • Sign Out
    • My Account
    Painting & Coating Industry (PCI) logo Powder coating summit logo
    • NEWS
      • Latest News
      • Market Trends & Reports
      • Price Alerts
      • Subscribe to eNewsletters
      • Global Top 10/ PCI 25
      • Weekly Featured Article
      • COATLE Word Game
    • PRODUCTS
      • Product News
      • Must See Products and Services
    • MATERIALS
      • Additives
      • Resins/Polymers
      • Pigments
      • Equipment
      • Distributors
    • TECHNOLOGIES
      • Adhesives
      • Architectural Coatings
      • Industrial Coatings
      • Nanotechnology
      • Powder Coatings
      • Solventborne
      • Special Purpose Coatings
      • Sustainability
      • UV Coatings
      • Waterborne
      • FINISHING
        • Finishing News
        • Finishing Technologies
        • Finishing Equipment
      • RESOURCES
        • Columns
          • Ask Joe Powder
          • Did you know?
          • Distribution Dive
          • Focus on Canada
          • Formulating With Mike
          • Innovation Insights
          • Moody's Coatings Conundrums
          • Powder Coating Perspectives
          • Target the Market
          • TiO2 Insider
        • Blogs
          • Editor's Viewpoint
          • Industry Insights
        • Coatings Supplier Handbook
        • Podcasts and Videos
          • COAT-IT! Podcast
          • Videos/PCI TV
        • PCI Store
        • eBooks
        • Sponsor Insights
        • White Papers
        • COATLE Word Game
      • EVENTS
        • Coatings Trends & Technologies Summit
        • Paint and Coatings Academy
        • Webinars
        • Calendar of Events
        • Lifetime Achievement Award
      • DIRECTORIES
        • Buyer's Guide
        • Equipment Directory
        • Materials Directory
      • EMAGAZINE
        • Current Issue
        • eMagazine Archive
        • China Issue Archive
        • Editorial Advisory Board
      • CONTACT
        • Contact Us
        • Advertise
        • Subscribe to eMagazine
        • Subscribe to eNewsletters