A divided Wisconsin appellate panel upheld the defense verdict favoring NL Industries today, amid dissent as to whether errors were committed pertaining to the admissibility of certain evidence during the trial stage.

Judges Patricia Curley and Ralph Adam Fine found no errors had been committed and ruled that there was no evidence to show that NL intentionally harmed anyone, despite finding the presence of lead paint in the City of Milwaukee constituted a public nuisance.

In dissent, Judge Joan F. Kessler held that clear errors were committed and a new trial was warranted.