Welcome!

News Feed Item

Mary Alexander Team Wins SF Trial Lawyer Of The Year For $1.15 Billion Verdict On Lead Paint By World's Largest Paint Companies Affecting Children Including Sherwin-Williams

COMPANIES MUST PAY TO REMOVE LEAD AFFECTING CHILDREN FROM HOMES IN 10 CALIF CITIES AND COUNTIES; ALEXANDER SAYS, "Verdict will prevent lead poisoning of children from paint in their homes. This decision establishes important legal precedent, holds compani

SAN FRANCISCO, April 18, 2014 /PRNewswire-USNewswire/ -- Mary Alexander, San Francisco victims' rights attorney, co-lead counsel of a case that has won a $1.15 billion verdict against the world's largest paint companies to pay for the effects of lead paint on thousands of California children, has just been named San Francisco Trial Lawyer of the Year, together with her other co-counsels and legal team in the case. The honor was bestowed by the San Francisco Trial Lawyers Association and its Public Justice Case Evaluation Committee. The dinner honoring Alexander and her colleagues was held Thursday night at the Nikko Hotel. Members of the winning legal team also honored were Joseph Cotchett, Nancy Fineman and Brian Schnarr. The criteria selection for the award emphasized a case's impact and size, establishment of precedent, and time involved in litigating.

On April 4, Alexander 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 judgment comes after two appeals, one of which was a ruling by the California Supreme Court.

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% still contain 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:
http://www.scefiling.org/filingdocs/194/72227/endorse_113254_788657AJGMT.pdf  

Final statement of decision:
http://www.scefiling.org/filingdocs/194/69616/endorse_109122_StatementxofxDecisionxFINAL.pdf  

Proposed order:
http://www.scefiling.org/filingdocs/194/69125/endorse_108301_ProposedxStatementxofxDecisionxJPK.pdf  or
http://www.scefiling.org/document/document.jsp?documentId=88819  

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
Mary Alexander & Associates
44 Montgomery St., suite 1303
San Francisco, CA 94104
415-433-4440

Media wishing more information or to speak with Ms Alexander may contact: Bob Weiner 301-283-0821, cell 202-306-1200; [email protected]

SOURCE Robert Weiner Associates and Mary Alexander & Associates, P.C.

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
DXWorldEXPO LLC announced today that ICOHOLDER named "Media Sponsor" of Miami Blockchain Event by FinTechEXPO. ICOHOLDER gives detailed information and help the community to invest in the trusty projects. Miami Blockchain Event by FinTechEXPO has opened its Call for Papers. The two-day event will present 20 top Blockchain experts. All speaking inquiries which covers the following information can be submitted by email to [email protected] Miami Blockchain Event by FinTechEXPOalso offers sp...
Digital Transformation is much more than a buzzword. The radical shift to digital mechanisms for almost every process is evident across all industries and verticals. This is often especially true in financial services, where the legacy environment is many times unable to keep up with the rapidly shifting demands of the consumer. The constant pressure to provide complete, omnichannel delivery of customer-facing solutions to meet both regulatory and customer demands is putting enormous pressure on...
SYS-CON Events announced today that IoT Global Network has been named “Media Sponsor” of SYS-CON's @ThingsExpo, which will take place on June 6–8, 2017, at the Javits Center in New York City, NY. The IoT Global Network is a platform where you can connect with industry experts and network across the IoT community to build the successful IoT business of the future.
Digital transformation is about embracing digital technologies into a company's culture to better connect with its customers, automate processes, create better tools, enter new markets, etc. Such a transformation requires continuous orchestration across teams and an environment based on open collaboration and daily experiments. In his session at 21st Cloud Expo, Alex Casalboni, Technical (Cloud) Evangelist at Cloud Academy, explored and discussed the most urgent unsolved challenges to achieve fu...
"We do one of the best file systems in the world. We learned how to deal with Big Data many years ago and we implemented this knowledge into our software," explained Jakub Ratajczak, Business Development Manager at MooseFS, in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
The best way to leverage your Cloud Expo presence as a sponsor and exhibitor is to plan your news announcements around our events. The press covering Cloud Expo and @ThingsExpo will have access to these releases and will amplify your news announcements. More than two dozen Cloud companies either set deals at our shows or have announced their mergers and acquisitions at Cloud Expo. Product announcements during our show provide your company with the most reach through our targeted audiences.
DXWorldEXPO LLC announced today that Kevin Jackson joined the faculty of CloudEXPO's "10-Year Anniversary Event" which will take place on November 11-13, 2018 in New York City. Kevin L. Jackson is a globally recognized cloud computing expert and Founder/Author of the award winning "Cloud Musings" blog. Mr. Jackson has also been recognized as a "Top 100 Cybersecurity Influencer and Brand" by Onalytica (2015), a Huffington Post "Top 100 Cloud Computing Experts on Twitter" (2013) and a "Top 50 C...
When applications are hosted on servers, they produce immense quantities of logging data. Quality engineers should verify that apps are producing log data that is existent, correct, consumable, and complete. Otherwise, apps in production are not easily monitored, have issues that are difficult to detect, and cannot be corrected quickly. Tom Chavez presents the four steps that quality engineers should include in every test plan for apps that produce log output or other machine data. Learn the ste...
When building large, cloud-based applications that operate at a high scale, it's important to maintain a high availability and resilience to failures. In order to do that, you must be tolerant of failures, even in light of failures in other areas of your application. "Fly two mistakes high" is an old adage in the radio control airplane hobby. It means, fly high enough so that if you make a mistake, you can continue flying with room to still make mistakes. In his session at 18th Cloud Expo, Le...
Machine learning has taken residence at our cities' cores and now we can finally have "smart cities." Cities are a collection of buildings made to provide the structure and safety necessary for people to function, create and survive. Buildings are a pool of ever-changing performance data from large automated systems such as heating and cooling to the people that live and work within them. Through machine learning, buildings can optimize performance, reduce costs, and improve occupant comfort by ...
Machine learning provides predictive models which a business can apply in countless ways to better understand its customers and operations. Since machine learning was first developed with flat, tabular data in mind, it is still not widely understood: when does it make sense to use graph databases and machine learning in combination? This talk tackles the question from two ends: classifying predictive analytics methods and assessing graph database attributes. It also examines the ongoing lifecycl...
@DevOpsSummit at Cloud Expo, taking place November 12-13 in New York City, NY, is co-located with 22nd international CloudEXPO | first international DXWorldEXPO and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time t...
CloudEXPO New York 2018, colocated with DXWorldEXPO New York 2018 will be held November 11-13, 2018, in New York City and will bring together Cloud Computing, FinTech and Blockchain, Digital Transformation, Big Data, Internet of Things, DevOps, AI, Machine Learning and WebRTC to one location.
DevOpsSummit New York 2018, colocated with CloudEXPO | DXWorldEXPO New York 2018 will be held November 11-13, 2018, in New York City. Digital Transformation (DX) is a major focus with the introduction of DXWorldEXPO within the program. Successful transformation requires a laser focus on being data-driven and on using all the tools available that enable transformation if they plan to survive over the long term.
DXWorldEXPO | CloudEXPO are the world's most influential, independent events where Cloud Computing was coined and where technology buyers and vendors meet to experience and discuss the big picture of Digital Transformation and all of the strategies, tactics, and tools they need to realize their goals. Sponsors of DXWorldEXPO | CloudEXPO benefit from unmatched branding, profile building and lead generation opportunities.