Lead paint case back to lower court

MADISON, Wis. (AP) — The state Supreme Court has deadlocked on whether the Legislature properly banned a legal theory that allowed dozens of lead paint lawsuits to proceed.

Legislators in 2013 passed a law barring attorneys from using the risk contribution theory as a basis for pending lead paint poisoning lawsuits. The theory apportions liability based on a manufacturer’s market share, enabling lawsuits even if the plaintiffs aren’t sure which manufacturer’s paint poisoned them.

Attorneys in one pending case argued lawmakers couldn’t apply the prohibition retroactively.

One justice didn’t participate and the vote was 3-3. An appellate court that had been asked earlier to decide the case but refused now must take it up.