Litigation Section opposes SB61 - Mallet [sic] Reversal

Our State Bar's Litigation Section has announced it opposes SB 61, a bill

relating to: actions against manufacturers, distributors, sellers, and promoters of products.

Because Thomas v. Mallett, 2005 WI 129, was an appeal from a grant of summary judgment, the Wisconsin Supreme Court "construe[d] all facts and reasonable inferences in the light most favorable to the nonmoving party" ¶4. So does the Litigation Section.

Rationale: ... In that case, the entire lead paint industry knowingly manufactured and distributed a product they knew for years caused serious industries and deaths, particularly to young children. They then deceived the public, and several government agencies, into thinking that their product was safe, despite their own internal studies that showed it was not.

Almost all manufacturers in Wisconsin clearly identify and stand behind the products that they put into the stream of commerce. Paint manufacturers do not. Until the Thomas decision, the lead paint manufacturers were able to hide behind the fact that once their product was applied to a surface, it was almost impossible to identify the specific manufacturer, thus leaving innocent children with no recourse. ...