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Ohio
Attorney General Marc Dann's decision to sue 10 companies,
including Sherwin-Williams and DuPont, on the grounds they
knowingly manufactured and sold dangerous paint to Ohio citizens
is an ugly blot not only on a vital state industry but on Ohio's
reputation as a fair place to do business.
Any
manufacturer considering whether to locate a plant in Ohio will
certainly be watching this case.
Let's
be clear. While Dann insists he's out to protect the public,
this suit is more about politics than protection, at least when
it comes to consumers. As one press report stated, "A political
fight over lead-paint litigation is brewing between the state's
newly elected statewide officeholders, almost all of them
Democrats, and the Republican-controlled legislature."
Dann,
a Democrat, is pursuing a line embraced by other state attorneys
general and activists, including the personal injury lawyer
industry. The objective is to sue companies that made products
that were legal and considered safe by their contemporary
standards, but which have since been restricted or banned.
Of
course, improving public health standards is a good thing. The
problem is Dann wants to apply the new standards retroactively.
Dann
insists the targeted companies willfully created a "public
nuisance." He claims they committed fraud and negligence and in
the process injured children. But the fact is they followed the
laws of the time and changed their practices when the laws
changed.
As far
as Ohio citizens go, if the objective is to help eradicate lead
paint exposure, cranking up the litigation machine for five or
10 years is the worst route to take. If the attorney general and
his supporters have their way, a vast number of Ohio buildings
would be targeted. There is no telling how many businesses and
people would be dragged into court or forced to close because of
litigation costs.
In
fact, for years personal injury lawyers have attempted to turn
lead-based paint into the next asbestos - another mass tort
bonanza that enriches already wealth lawyers but destroys
companies while doing little to help plaintiffs. Indeed, a study
released by the Pacific Research Institute, titled "Jackpot
Justice," reports that more than 51,000 U.S. jobs have been lost
due to asbestos-related bankruptcies alone - hardly what Ohio
needs.
Prolonged litigation is music to the ears of Ohio trial lawyers
who are still smarting from reforms that curbed their ability to
pursue frivolous lawsuits. As someone who follows these issues,
let me say that civil justice reform has been a bright story for
Ohio and has made it more attractive to new businesses while
helping existing businesses expand. This case could reverse that
progress.
Many
of our elected officials seem to forget there are more important
things than pandering to powerful supporters, including personal
injury lawyers whose favorite color is green. My critique of the
Dann decision: Paint it black. |
