From Social Media to Car Thefts, New Litigation Trends Threaten Entire Industries
The American Tort Reform Association today released a report spotlighting new litigation trends and the expansive use of public nuisance in claims against social media companies, auto manufacturers and more.
“Public nuisance litigation has become the new frontier for plaintiffs’ lawyers seeking to circumvent traditional liability principles,” Tiger Joyce, ATRA president said. “These cases aim to hold businesses liable for far-reaching societal problems, regardless of fault or causation.”
The report explores several topics and issues that are targets for expansive public nuisance litigation, including:
Opioids;
Climate change;
Social media;
Car thefts;
Environment cleanups (PCBs, PFAS, plastics and plastics recycling); and,
Vaping.
After a string of car thefts targeting certain vehicle makes and models, Hyundai and Kia offered additional anti-theft devices to owners of affected models. However, governments hired private outside counsel to sue the manufacturers, claiming that the companies caused a “public nuisance” and should pay for costs to the government, such as policing.
Additional findings from the report include:
A surge in climate change lawsuits, with approximately 35 local, county and state governments filing or announcing plans to file claims against energy companies;
New lawsuits against social media companies by school districts alleging harm to students; and,
Nearly 8,500 lawsuits pending in federal court related to PFAS chemicals, an increase from just 183 in 2020.
The report warns that expanding public nuisance law in this way could lead to unprincipled liability, higher consumer costs, and harm to American businesses’ competitiveness.
Recent estimates show that excessive litigation in the U.S. results in $367.8 billion in annual direct costs, which results in a $1,666 “tort tax” paid by every American and a loss of more than 4.8 million jobs nationwide.
“Public nuisance was never intended as a catch-all to solve every societal ill,” Joyce said. “These complex issues require thoughtful policy solutions, not litigation that enriches lawyers at the expense of consumers and businesses.”
The full report analyzing the continued expansion of public nuisance law is available at ATRA.org.
In 2024, legal services ads hit $164 million in LA, part of a 39% national rise, fueling aggressive marketing, third-party funding, and straining California’s economy and courts.
