Legal Opinion
Gibson v. American Cyanamid Co.
District Court, E.D. Wisconsin
Decided June 15, 2010No. Case 07-C-864PublishedCited by 7 opinions
1Opinion of the Court
DECISION AND ORDER
RUDOLPH T. RANDA, District Judge.
This is a childhood lead poisoning case brought pursuant to what is known as the “risk contribution” rule adopted by the Wisconsin Supreme Court in Thomas ex rel. Gramling v. Mallett, 285 Wis.2d 236, 701 N.W.2d 523 (2005). The case is before this Court because of the diversity of the parties.
By adopting the risk contribution rule in Thomas, the Wisconsin Supreme Court essentially disregarded the black letter rule of tort law that a party’s liability for an injury is attached to the causation by that party of that injury. While the court in…
2Cases cited57 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
52 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. HenleyWisconsin Supreme Court · 2010
- State v. HenleyWisconsin Supreme Court · 2011
- Burton v. American Cyanamid Co.District Court, E.D. Wisconsin · 2011
- Gibson Ex Rel. Gramling v. American Cyanamid Co.District Court, E.D. Wisconsin · 2010
- Owens v. American Cyanamid Co.District Court, E.D. Wisconsin · 2011
2 more not listed; retrieve them via the Exa API.