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California Courts of Appeal

Nov. 15, 2017

Lead paint ruling against companies mostly affirmed, but payout will be trimmed

The 6th District Court of Appeal on Tuesday largely affirmed a trial court ruling that three onetime manufacturers of lead paint created a public nuisance and must pay into a state fund to remediate lead-tainted homes.

SAN JOSE — The 6th District Court of Appeal on Tuesday largely affirmed a trial court ruling that three onetime manufacturers of lead paint created a public nuisance and must pay into a state fund to remediate lead-tainted homes.

The justices, however, remanded the case to Santa Clara County Superior Court to recalculate the amount of money to remediate only pre-1951 homes — not pre-1981 houses as Judge James P. Kleinberg concluded. ...

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