In 1999, Rhode Island, through then-Attorney General Sheldon Whitehouse, sued the former makers of lead paint, asserting a claim under public nuisance law and contending that the mere presence of lead paint in buildings throughout the state constituted a public nuisance for which the manufacturers were liable. The remaining defendants in the action are NL Industries Inc., Sherwin-Williams Co., Atlantic Richfield Co., American Cyanamid Co., Cytec Industries, E.I. du Pont de Nemours and Co., ConAgra Grocery Products Co. and Millennium Inorganic Chemicals Inc. Superior Court Judge Michael A. Silverstein said the court leaves open for determination at the end of the trial the issue of whether equitable relief may be appropriate. Judge Silverstein also said that with respect to the imposition of money damages that may flow from a finding of liability on one or more of the counts to be tried to the jury, the question of the magnitude of such damages and whether punitive damages, if appropriate, are to be awarded, would be within the ken of the jury.
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