Paint Makers Win Verdict

Kirkland client NL Industries won a major victory toady against a plaintiff who claimed that lead paint caused his mental retardation.

The case crew national attention because it was on trial in Wisconsin, which has a different and lower threshold than other states on what plaintiffs must prove to win damages. The Kirkland team was led by partner Michael D. Jones.

Jones disputed Thomas' claims that he had been brain-damaged by the lead in paint, saying: "You can learn to read better than you do. I would say to Mr. Thomas, you can and you must change your attitude." The claims of brain damage, Jones said, were "ginned up." Many IQ tests had been given to Thomas during his childhood, and the results varied by 30 points or more, the highest being about 70, which Jones asserted was likely not much different from his parents or siblings.

This article appeared in its entirety in the November 5, 2007 edition of The Milwaukee Journal Sentinel.