|By PR Newswire||
|April 4, 2014 12:37 PM EDT||
SAN FRANCISCO, April 4, 2014 /PRNewswire-USNewswire/ -- Mary Alexander, San Francisco victims' rights attorney, announced that a state Judge in Santa Clara County, California, has issued a final amended judgment, denying a new trial in a historic lead paint case affecting California children, and ordering top lead paint companies including Sherwin-Williams, NL Industries, and ConAgra to pay $1.15 billion into a fund to be used to remove the lead potentially dangerous to children in hundreds of thousands of homes in ten cities and counties in California. Alexander stated that the verdict came after 14 years of litigation and 5 weeks of trial. The final amended judgment reflects three lower court appeals and a ruling by the California Supreme Court that the procedures and case law by Alexander and her team were justified.
Judge James P. Kleinberg said that lead in paint, for which there is no safe level of exposure for children, results in "thousands of children presently and potentially victimized by this chemical." The counties are San Francisco, Alameda, San Mateo, Santa Clara, Los Angeles, Monterey, Solano, Ventura, and the cities are Oakland and San Diego.
Mary Alexander, an attorney who tried the case for the cities and counties said, "This verdict will prevent lead poisoning of children from paint in their homes. It is a great victory for the people of California." She added, "This decision holds the companies accountable for promoting and selling lead paint for use in homes despite knowing, as far back as the 1890's, that it was highly toxic, especially to young children. This landmark decision establishes important legal precedents and recognizes the manufacturers must be held responsible and pay to clean up the hazard they created in homes," she said.
The Judge ordered Sherwin-Williams, ConAgra and NL Industries, formerly known as the National Lead Co., to pay $1.15 billion to establish a fund that the state will administer to remove lead paint from the homes in the 10 cities and counties. There are 4.7 million homes built before 1978 when lead paint was banned, of which 52% have lead paint. Other attorneys for the Plaintiffs were Cotchett, Pitre and McCarthy; Motley Rice; and the Law Offices of Peter Earle.
Alexander explained that "each year, thousands of children under six years of age, are lead poisoned, most of them exposed to lead through lead paint in their homes. Lead paint deteriorates over time leaving paint chips and dust that gets on floors, window sills and toys to which young children are exposed. Lead poisoning causes damage to the brain and nervous systems of children and it is permanent and irreversible. The impact is particularly great in minorities and children living in poor housing."
Alexander cited an internal industry document by Sherwin Williams in 1900 which described the paint ingredient white lead as a "deadly cumulative poison". In 1909, a California Supreme case held that ConAgra was responsible for lead poisoning employees in its own lead plant. "Despite this knowledge the companies continued to promote the sale of lead paint in the California cities and counties," Alexander stated.
The case now goes to the Court of Appeal of the State of California, Sixth Appellate Court, in San Jose, where the companies are expected to file over the next three months. Alexander is "confident" the judgment will remain in place.
(Alexander was hired by County of San Francisco in early 2001 to represent them to join the lawsuit. Later other counties came in and the attorneys had a joint agreement to represent all of the entities. Alexander was also involved in the appeals and litigation including 40 depositions. At the trial, she put on key expert medical witnesses on lead health effects. She also put on county employees including a county medical officer. She cross examined Sherwin-Williams' expert and obtained admissions. She was one of the lead trial lawyers and noted that "It was a team effort.")
Alexander, who resides in Atherton with her office in San Francisco, is former National President of the Association of Trial Lawyers of America.
A copy of Judge Kleinberg's Order may be found in the following court links:
Final Amended Judgment March 26, 2014:
Final statement of decision:
The Judge was Judge James Kleinberg, Santa Clara Superior Court. Verdict was issued on December 16; the final order was January 7.
The case was The People of the State of California vs. Atlantic Richfield Company, Conagra Grocery Products Company, E.I. Du Pont de Nemours and Company, NL Industries Inc., and the Sherwin-Williams Company.
For more information:
Mary Alexander & Associates
44 Montgomery St., suite 1303
San Francisco, CA 94104
Media wishing more information or to speak with Ms. Alexander may contact:
Bob Weiner 301-283-0821, cell 202-306-1200; firstname.lastname@example.org
SOURCE Robert Weiner Associates and Mary Alexander & Associates, P.C.
DevOps is being widely accepted (if not fully adopted) as essential in enterprise IT. But as Enterprise DevOps gains maturity, expands scope, and increases velocity, the need for data-driven decisions across teams becomes more acute. DevOps teams in any modern business must wrangle the ‘digital exhaust’ from the delivery toolchain, "pervasive" and "cognitive" computing, APIs and services, mobile devices and applications, the Internet of Things, and now even blockchain.
Feb. 20, 2017 06:45 AM EST Reads: 166
In the first article of this three-part series on hybrid cloud security, we discussed the Shared Responsibility Model and examined how the most common attack strategies persist, are amplified, or are mitigated as assets move from data centers to the cloud. Today, we’ll look at some of the unique security challenges that are introduced by public cloud environments. While cloud computing delivers many operational, cost-saving and security benefits, it takes place in a public, shared and on-demand ...
Feb. 20, 2017 06:30 AM EST Reads: 1,070
Both SaaS vendors and SaaS buyers are going “all-in” to hyperscale IaaS platforms such as AWS, which is disrupting the SaaS value proposition. Why should the enterprise SaaS consumer pay for the SaaS service if their data is resident in adjacent AWS S3 buckets? If both SaaS sellers and buyers are using the same cloud tools, automation and pay-per-transaction model offered by IaaS platforms, then why not host the “shrink-wrapped” software in the customers’ cloud? Further, serverless computing, cl...
Feb. 20, 2017 06:00 AM EST Reads: 1,626
The Software Defined Data Center (SDDC), which enables organizations to seamlessly run in a hybrid cloud model (public + private cloud), is here to stay. IDC estimates that the software-defined networking market will be valued at $3.7 billion by 2016. Security is a key component and benefit of the SDDC, and offers an opportunity to build security 'from the ground up' and weave it into the environment from day one. In his session at 16th Cloud Expo, Reuven Harrison, CTO and Co-Founder of Tufin, ...
Feb. 20, 2017 05:30 AM EST Reads: 4,577
Information technology (IT) advances are transforming the way we innovate in business, thereby disrupting the old guard and their predictable status-quo. It’s creating global market turbulence. Industries are converging, and new opportunities and threats are emerging, like never before. So, how are savvy chief information officers (CIOs) leading this transition? Back in 2015, the IBM Institute for Business Value conducted a market study that included the findings from over 1,800 CIO interviews ...
Feb. 20, 2017 05:15 AM EST Reads: 1,348
WebRTC is the future of browser-to-browser communications, and continues to make inroads into the traditional, difficult, plug-in web communications world. The 6th WebRTC Summit continues our tradition of delivering the latest and greatest presentations within the world of WebRTC. Topics include voice calling, video chat, P2P file sharing, and use cases that have already leveraged the power and convenience of WebRTC.
Feb. 20, 2017 05:15 AM EST
With the proliferation of both SQL and NoSQL databases, organizations can now target specific fit-for-purpose database tools for their different application needs regarding scalability, ease of use, ACID support, etc. Platform as a Service offerings make this even easier now, enabling developers to roll out their own database infrastructure in minutes with minimal management overhead. However, this same amount of flexibility also comes with the challenges of picking the right tool, on the right ...
Feb. 20, 2017 03:30 AM EST Reads: 6,147
“We're a global managed hosting provider. Our core customer set is a U.S.-based customer that is looking to go global,” explained Adam Rogers, Managing Director at ANEXIA, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Feb. 20, 2017 03:15 AM EST Reads: 1,339
In today's uber-connected, consumer-centric, cloud-enabled, insights-driven, multi-device, global world, the focus of solutions has shifted from the product that is sold to the person who is buying the product or service. Enterprises have rebranded their business around the consumers of their products. The buyer is the person and the focus is not on the offering. The person is connected through multiple devices, wearables, at home, on the road, and in multiple locations, sometimes simultaneously...
Feb. 20, 2017 02:00 AM EST Reads: 6,105
Security, data privacy, reliability and regulatory compliance are critical factors when evaluating whether to move business applications from in-house client hosted environments to a cloud platform. In her session at 18th Cloud Expo, Vandana Viswanathan, Associate Director at Cognizant, In this session, will provide an orientation to the five stages required to implement a cloud hosted solution validation strategy.
Feb. 20, 2017 02:00 AM EST Reads: 4,156
"We host and fully manage cloud data services, whether we store, the data, move the data, or run analytics on the data," stated Kamal Shannak, Senior Development Manager, Cloud Data Services, IBM, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Feb. 20, 2017 01:00 AM EST Reads: 5,215
China Unicom exhibit at the 19th International Cloud Expo, which took place at the Santa Clara Convention Center in Santa Clara, CA, in November 2016. China United Network Communications Group Co. Ltd ("China Unicom") was officially established in 2009 on the basis of the merger of former China Netcom and former China Unicom. China Unicom mainly operates a full range of telecommunications services including mobile broadband (GSM, WCDMA, LTE FDD, TD-LTE), fixed-line broadband, ICT, data communica...
Feb. 20, 2017 01:00 AM EST Reads: 833
All organizations that did not originate this moment have a pre-existing culture as well as legacy technology and processes that can be more or less amenable to DevOps implementation. That organizational culture is influenced by the personalities and management styles of Executive Management, the wider culture in which the organization is situated, and the personalities of key team members at all levels of the organization. This culture and entrenched interests usually throw a wrench in the work...
Feb. 20, 2017 12:45 AM EST Reads: 2,400
Zerto exhibited at SYS-CON's 18th International Cloud Expo®, which took place at the Javits Center in New York City, NY, in June 2016. Zerto is committed to keeping enterprise and cloud IT running 24/7 by providing innovative, simple, reliable and scalable business continuity software solutions. Through the Zerto Cloud Continuity Platform™, organizations can seamlessly move and protect virtualized workloads between public, private and hybrid clouds. The company’s flagship product, Zerto Virtual...
Feb. 20, 2017 12:15 AM EST Reads: 972
As businesses adopt functionalities in cloud computing, it’s imperative that IT operations consistently ensure cloud systems work correctly – all of the time, and to their best capabilities. In his session at @BigDataExpo, Bernd Harzog, CEO and founder of OpsDataStore, will present an industry answer to the common question, “Are you running IT operations as efficiently and as cost effectively as you need to?” He will expound on the industry issues he frequently came up against as an analyst, and...
Feb. 20, 2017 12:00 AM EST Reads: 1,415