Wednesday, June 16, 2010

Decision and Order in 'Gibson v. American Cyanamid Co.'

Risk contribution rule violates substantive due process, by David Ziemer, Wisconsin Law Journal

Judge Randa of the United States District Court for the Eastern District of Wisconsin rendered a Decision and Order June 15, 2010 in this case (07-C-864) granting summary judgment to the successor to a lead pigment manufacturer on the ground that "the creation [in 'Thomas v. Mallett' 2005 WI 129] of the risk contribution rule on due process principles pursuant to Article I, Section 9 of the Wisconsin Constitution in turn violates ARCO’s substantive due process rights under the Fourteenth Amendment to the U.S. Constitution."

More on 'Thomas v. Mallett'