Rhode Island High Court Finds Sherwin-Williams' Documents Privileged

摘要

In October 1999, the State of Rhode Island sued the former makers of lead paint and pigment, and after two trials spanning four years, a jury found in favor of the state against the only remaining defendants: Sherwin-Williams, Millennium Holdings Inc. and NL Industries. The Rhode Island Supreme Court overturned the state court verdict on July 1,2008, and said the co-examiners appointed to oversee the abatement process as part of the state's initial victory were no longer needed because there was no abatement to be performed. Sherwin-Williams filed a motion seeking an order that the state pay costs associated with the lawsuit. In its arguments opposing that it pay costs, the state argued that the trial court should take into consideration that Sherwin-Williams did not suffer any financial hardship as a result of its defense in the lead-paint litigation. Attached to the brief in opposition were three PowerPoint slides extracted from an 80-slide presentation that had been prepared by, or under the direction of, Sherwin-Williams' associate general counsel for litigation. The slides were included in a presentation to the company's board of directors and senior management and contained information regarding insurance coverage, reimbursement of lead defense costs and potential insurance coverage for lead liabilities.