Judge orders companies to pay $1.1B in lead paint ruling

Superior Court Judge James Kleinberg has tentatively ordered Sherwin-Williams (SHW), NL Industries (NL) and ConAgra Grocery Products (CAG) to pay $1.1B to replace or contain lead paint in millions of homes in California.

However, Kleinberg dismissed the claims against two other defendants, BP (BP) unit Atlantic Richfield and DuPont (DD).

The case was brought by 10 city and county governments in California, which argued that the lead is harmful to children. The substance has been banned in residential paint since 1978.

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Comments (14)
  • SoCalNative+(RIP)
    , contributor
    Comments (651) | Send Message
    What?! Kids love lead!
    17 Dec 2013, 02:10 AM Reply Like
  • DAG Investments
    , contributor
    Comments (4132) | Send Message
    I know Bloomberg says "tentative" and I'm a (CAG) shareholder so I'm certainly not trying to make it a bigger deal than it really is, but nothing about this seems tentative at all (beyond Bloomberg wording). A court has ruled and, as far as I've witnessed, courts don't really make tentative rulings. Of course, defendants can always appeal any ruling and/or seek a new trial, but that doesn't make a court ruling "tentative."
    17 Dec 2013, 03:40 AM Reply Like
  • Roswell333
    , contributor
    Comments (2) | Send Message
    You need to revise your headline. If I had not read the entire press release I would think bad news. But, the headline should read, BP dismissed from billion dollar lawsuit!
    17 Dec 2013, 07:22 AM Reply Like
  • youngman442002
    , contributor
    Comments (5123) | Send Message
    I am sorry but this was legal when they were selling it....and if your kid eats paint...then whatever
    17 Dec 2013, 08:19 AM Reply Like
  • good123
    , contributor
    Comment (1) | Send Message
    I agree, as long as you cease production of a banned product immediately when the ban becomes effective you should have no liability related to prior production. You must remember this is the left coast where everything is haszardous to your health and justification to litigate a large company thus effectively raising the cost of their products for the rest of us with common sense.
    17 Dec 2013, 09:30 AM Reply Like
  • 1980XLS
    , contributor
    Comments (3360) | Send Message
    CAG was in the Paint biz?
    17 Dec 2013, 08:47 AM Reply Like
  • sanpedrowalker
    , contributor
    Comments (12) | Send Message
    Actually, judges do make tentative rulings. This allows the parties to present argument as to why the order should or should not be altered. That said, judges do not favor altering their tentative rulings. This was my experience during 30 years of practicing law.
    17 Dec 2013, 09:00 AM Reply Like
  • grannied
    , contributor
    Comments (20) | Send Message
    I agree with Roswell333, why is everything so negative for BP. BP manned up and paid out so much in claims and fraudulent claims, but it seems that is not enough.
    17 Dec 2013, 09:08 AM Reply Like
  • maudie
    , contributor
    Comments (489) | Send Message
    The fix will be more harmful than the lead. Guaranteed. And most of the billion will never be seen by those homes. "Hi, I'm a new hire by the Acorn Community Outreach and Paint Remediation Project which is a company that is owned by a crony of the governor. I'll be going through your home at will to replace or spray your walls with some stuff I've got out in my pickup."
    17 Dec 2013, 09:30 AM Reply Like
  • daffyduck1
    , contributor
    Comments (6) | Send Message
    By reading your comment Maudie If your comment is the true the fix is in and the Attorneys and the higher up's get the bulk of the settlement that always been the case as I can see as I can see being a BP shareholder I hope BP carries on fighting and fighting hard against the corrupt court system we have in this country even if you win you still lose because of the costs of litigation but at least if you win on paper it seems like a win
    17 Dec 2013, 10:40 AM Reply Like
  • SSnape
    , contributor
    Comments (616) | Send Message
    To 1980XLS -
    Your brief comment made me realize that this is my question also, so I did some research. This is COMPLICATED, but actually the answer is "no".CAG acquired the final divisions of the former Beatrice Foods Co.,( which I am old enough to actually remember), apparently from W.P. Fuller & Co.in 1990. Beatrice Foods Co., the root of which was founded in 1894, morphed into a conglomerate and was acquired via a leveraged buyout by KKR and was sold off, division by division. Apparently W.P. Fuller & Co., who WERE in the pigments and paint business, acquired some of these divisions and sold them to CAG. W.P. Fuller & Co., founded in Sacramento, Calif., in 1857, had a trademark which was initiated on 10 - 21 - 1924 and expired on 1 - 10 - 1986. Apparently W.P. Fuller & Co. no longer exsists, and the best remaining trail leads to CAG, who does exsist. I still do not believe that CAG should be held libel as Beatrice Foods itself did NOT manufacture pigments or paints, but that is just my opinion.


    Long: CAG.
    17 Dec 2013, 02:33 PM Reply Like
  • 1980XLS
    , contributor
    Comments (3360) | Send Message


    Figured by CAG statement, it must have been something like that.


    Thanks for sharing.


    I do remember Beatrice well with it's big ad campaign during the 1984 summer Olympics in LA
    17 Dec 2013, 02:41 PM Reply Like
  • daphnex2
    , contributor
    Comments (127) | Send Message
    More steorid infused judges. I live in California and when I had my house painted a few years ago, the painter couldn't paint until an inspector came out......took a sample of the old paint so he could test it to make sure there was no lead in the old paint. I had to pay $75 for this state mandated inspection. Thank God there was no old lead paint. If there were, I would have to pay to have all the old paint removed before the house could be repainted. The Golden State has turned to rusted tin.
    17 Dec 2013, 09:19 PM Reply Like
  • DAG Investments
    , contributor
    Comments (4132) | Send Message
    studied it and i was wrong ... apparently some judges do make "proposed" rulings publicly (CAG) earnings review and full analysis here: http://seekingalpha.co...
    23 Dec 2013, 08:08 AM Reply Like
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