Public nuisance laws have no place in product liability determinations

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Public nuisance is a legal argument originally intended to address issues involving land use and public spaces. However, profit-motivated trial lawyers have pushed to expand this concept far beyond its original scope, finding success in certain jurisdictions.

This op-ed was originally published by the Cleveland Plain Dealer.

A Dec. 10, 2024, Ohio Supreme Court decision marks a significant victory for a balanced civil justice system and common sense. The Court hit the brakes on lawsuit abuse when it ruled that Ohio’s product liability law doesn’t allow for public nuisance claims to address the opioid crisis.

The court’s Trumbull County v. Purdue Pharma decision overturns a verdict awarding $650 million to Trumbull and Lake counties in an opioid-related lawsuit. While the opioid epidemic undoubtedly is a serious public health issue that deserves our full attention, attempting to use public nuisance law to address it is like trying to fit a square peg in a round hole.

Read the full piece in the Cleveland Plain Dealer here.

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