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Jefferson v. Lead Indus. Ass’n
No. 96-30600 (5th Cir. Mar. 12, 1997) ; Clearinghouse Number: 52207
Description
Lead-Poisoned Children’s Action Against Paint Manufacturers Dismissed
Abstract
The Fifth Circuit has affirmed the district court’s order
dismissing this class action brought on behalf of all Louisiana
children who suffered from lead poisoning resulting from exposure
to lead paint pigment before they attained the age of six. Finding
that plaintiffs had failed to identify which lead paint
manufacturers actually made the particular lead paint pigment that
caused their alleged injuries, the district court dismissed
plaintiffs’ complaint for failure to state a claim under the
Louisiana Products Liability Act. The district court also held that
plaintiffs could not state a cause of action against defendants
grounded in civil conspiracy. The court of appeals affirmed. The
court of appeals also declined to certify to the Louisiana Supreme
Court two questions regarding the interpretation of the Louisiana
Products Liability Act.
