State v. Lead Indus. Ass'n
Annotate this CaseIn 2008, the Supreme Court issued an opinion in a civil action brought by the State against various former lead pigment manufacturers and the Lead Industries Association. In this opinion, the Court considered appeals from two superior court rulings concerning the apportionment of co-examiners' fees in particular and the payment of costs in general. The Court first considered the State's appeal from an order granting the motion of certain defendants for the reimbursement of all previously paid fees, costs, and expenses related to the engagement of the co-examiners. At issue here was whether the State was responsible for such expenses under the doctrine of sovereign immunity. The Court then addressed certain defendants' appeal from an order denying their motion for an award of allowable costs. The Supreme Court affirmed the orders of the superior court, holding (1) the trial justice did not err in concluding that the State waived its sovereign immunity because it filed the underlying lawsuit and in ordering the State to reimburse the defendants for the costs associated with the co-examiners; and (2) the totality of the circumstances supported the trial justice's determination that each party should bear its own costs.
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