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Date: 09-27-2019

Case Style:

Glenn Burton, Jr. v. American Cyanamid Co.

Case Number: 2:07-cv-00303-LA

Judge: Lynn Adelman

Court: United States District Court for the Eastern District of Wisconsin (Milwaukee County)

Plaintiff's Attorney:

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Defendant's Attorney: Richard W. Mark, Anthony S. Baish, Beth Ermatinger Hanan, Daniel J. Kennedy, Elyse D. Echtman, Jeffrey K. Spoerk, Ralph A. Weber, Steven M. DeVougas


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Milwaukee, WI - Glenn Burton, Jr., a minor, by his Guardian ad Litem Susan Gramling, sued American Cyanamid Co. on personal injury, negligence and products liability theories claiming to have been injured and/or damaged as a direct result exposure of lead based paint.

This case was filled in the Circuit Court, Milwaukee County, Wisconsin, case no.: 06cv12647, and was removed to federal court by the defendants.

Plaintiffs brought negligence and strict products liability claims against various manufacturers and alleged successors-in-interest to manufacturers of white lead carbonate pigment (WLC). Plaintiffs alleged that they were harmed by ingesting paint containing WLC when they were children. Each plaintiff further alleges that he or she is unable to identify the manufacturer of the WLC that harmed him or her; in consequence, plaintiffs' substantive claims rely on Wisconsin's risk contribution theory of liability which relaxes the traditional causation standard and requires a plaintiff to prove only that defendants "contributed to the risk of injury to the public, and, consequently, ... to the individual plaintiffs."

Outcome: 09/16/2019 1705 STIPULATION of Non-Opposition to American Cyanamid's Motion for Entry of Final Judgment Under Fed. R. Civ. P. 54(b) by American Cyanamid Co. (Kennedy, Daniel)
09/16/2019 NOTICE of Electronic Filing Error Stipulation filed by American Cyanamid Co ; All documents should contain the s/signature of the attorney who files the document. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at (jcl) (Entered: 09/17/2019)
09/19/2019 1706 ORDER signed by Judge Lynn Adelman on 9/19/19 that DuPont's motion for joinder in Sherwin Williams motion for Judgment NOV based on Wisconsin public policy factors 1662 is GRANTED. Sherwin Williams' motion for judgment NOV based on Wisconsin public policy factors 1659 is DENIED. Armstrong Containers' motion to preclude liability based on public policy factors 1664 is DENIED. Sherwin Williams' renewed motion for judgment as a matter of law 1669 is DENIED. (cc: all counsel) (jad)
09/20/2019 1707 JUDGMENT signed by Deputy Clerk on 9/20/19. (cc: all counsel)(jad)

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