Thomas (T.J.) Tutone (Associate-Mclean, VA) won affirmance from the Fourth Circuit of a complaint in the United States District Court for the Eastern District of Virginia, Richmond Division. The plaintiff alleged that our client violated section 1018 of Title X, also known as the Residential Lead-Based Paint Hazard Reduction Act of 1992 (the Act), causing alleged injuries. The plaintiff alleged she did not receive a “Lead-Based Disclosure” pamphlet despite the fact that the unit was constructed prior to 1978. Appellant went on to allege that Appellee’s “failure to provide lead-based disclosures to the plaintiff during the tenancy period constitutes a violation.” As a result, the plaintiff alleged that she was exposed to “potential lead-based paint hazards … which have resulted in her having adverse health effects.” In response, T.J. filed a Motion to Dismiss alleging that the plaintiff failed to state a claim for a knowing violation, which was granted without leave to amend. The plaintiff subsequently filed a Motion for Reconsideration, which T.J. opposed, and was denied. However, given that the plaintiff was pro se, the court granted her leave to file an amended complaint. Despite the Judge’s ruling, the plaintiff chose to proceed with an appeal to the Fourth Circuit. We filed a brief in opposition, which argued that the district court’s decision should be affirmed given the complaint failed to present facts that are sufficient to establish the mens rea requirement of the Act. Specifically, the complaint explicitly alleged that our client acted negligently, not knowingly. The Fourth Circuit agreed, affirmed the lower court’s decision, and upheld the dismissal of the plaintiff’s complaint.