3rd Circuit:  Lead-Paint Cases Belong In State Court; Companies’ Argument ‘Tenuous’

Mealey's (February 28, 2020, 11:49 AM EST) -- PHILADELPHIA — A panel of the Third Circuit U.S. Court of Appeals on Feb. 26 affirmed a lower court ruling and determined that lead-based paint lawsuits brought by two Pennsylvania municipalities belong in state court based on subject matter jurisdiction because the companies’ argument that they were acting under the authority of the federal government in making lead-based paint is “too tenuous”(Montgomery v. Atlantic Richfield Company, et al., No. 19-2352, and Lehigh v. Atlantic Richfield Company, et al., No. 19-2353, 3rd Cir., 2020 U.S. App. LEXIS 5842)....