Seventh Circuit Confronts Wisconsin’s “Risk-Contribution” Theory in Reversing $6 Million Lead Paint Verdict

The back-and-forth between Wisconsin’s legislature and its supreme court created a unique six-year window from 2005-2011 when plaintiffs could sue manufacturers of white lead carbonate, a substance formerly used in some paints, under a tort theory called “risk-contribution.” This theory allows a plaintiff who can identify the product he asserts caused his injury—but not its specific manufacturer (due to the passage of time or other factors)—to sue all the defendants that could have manufactured...
By: Foley & Lardner LLP

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