Litchfield Cavo Attorney Secures Summary Judgment in High-Stakes Lead Paint Compliance Case

As co-counsel, Providence Attorney Erik C. Edson secured summary judgment on behalf of our clients, the owners and operators of numerous residential rental housing units. The plaintiffs—consisting of the State, the State’s Attorney General and the Director of the State’s Department of Health (DOH)—filed a lawsuit in Superior Court alleging that our clients violated state statutes related to lead paint regulations and compliance reporting requirements.

In their Motion for Summary Judgment, Attorney Edson and the defense argued that the State sought to circumvent statutory procedures, disregarded applicable regulations and violated our clients’ statutory rights. Furthermore, the State pursued litigation despite the absence of pending notices of violation or DOH compliance orders that warrant judicial enforcement.

In November 2024, the Superior Court granted summary judgment and agreed with the arguments pressed by Attorney Edson and his team, ruling that the State failed to follow the law requiring notices of violations, an opportunity to cure any alleged violations and a right to a hearing to contest any violations.

This decision disposed of all remaining claims against our clients, the Court having previously granted our Motion to Dismiss several other claims. This matter is currently pending appeal in the state supreme court.

Erik concentrates his practice on civil litigation with a focus on tort liability in the areas of commercial general liability, insurance defense and professional malpractice liability, as well as agency enforcement actions such as this case. He has experience handling cases involving general negligence, as well as premises liability, property damage, personal injury and construction accidents. Erik is licensed to practice in state and federal courts in Rhode Island and Massachusetts.