Public Nuisance Expansion and Litigation

Lawyers pitch potential public nuisance lawsuits to government officials and others hoping to be hired on a contingency fee basis.

The Problem

Lawyers have expanded public nuisance legal theory such that merely selling an everyday product can create virtually unlimited liability, and they sue companies for allegedly causing various societal harms. Traditional public nuisances include a person’s use of land in a manner that creates local disturbances. Today’s public nuisance lawsuits have evolved far from the legal theory’s original intent, and now include: COVID-19, opioids, climate change, environmental and plastic cleanups, and e-cigarettes and vaping. 

ATRA’s Position

ATRA supports implementation of sunshine laws with regard to state and local governments’ hiring of outside contingency-fee attorneys as well as legislation that requires public nuisance lawsuits to be grounded in disputes over real property.

Search Through ATRA Reforms

Search through all of ATRA's reforms around Public Nuisance Expansion and Litigation

No related legislation or reform items found for this issue.



Public Nuisance Expansion and Litigation News and Press

Explore ATRA's most recent press releases and blogs around Public Nuisance Expansion and Litigation

Kansas a “Tort Reform Trailblazer” After Lawmakers Override Vetoes, Pass Sweeping Legal Reforms

Kansas lawmakers earned a “Tort Reform Trailblazer” designation in the Ame...

Ohio Lawmakers in “Legislative Limbo” as Mixed Civil Justice Agenda Awaits Action

Ohio lawmakers are in “Legislative Limbo” in the American Tort Reform Asso...

State Tort Laws Negatively Impacting Economies Outlined for DOJ in ATRA Letter

Today, the American Tort Reform Association provided the Department of Jus...

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Public Nuisance Expansion and Litigation
Search All
States
Status
Post Types
Date
WHB 823 v. Uber Technologies, Inc.
(4th Circ., filed August 31, 2026): Arguing that the District Court’s ruling abandons traditional fault-based tort principles.  Fault-based tort prin...
4th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
CareFirst of Maryland, Inc. v. Johnson & Johnson; Janssen Biotech, Inc.
(4th Circ., filed August 19, 2026): Arguing that the Court should reject the novel theory of imposing strict liability and reaffirm that Section 2 re...
4th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Mead Johnson & Co. LLC v. Greear
(U.S., filed August 7, 2026): Arguing that the lower court’s holding on specific jurisdiction inexplicably ignores and conflicts with this Court’s de...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Lyle & Bruso v. State Farm
(Ok., filed July 9, 2026): Arguing that allowing the district court’s so-called “protective order” to stand would make Oklahoma a significant nationa...
Oklahoma
  • Case Not Yet Decided iconCase Not Yet Decided
Benavides v. Tesla
(11th Circ., filed July 9, 2026): Arguing that the judgment holds manufacturers to unreasonable standards that will deter innovation and development ...
11th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Drake v. Bayer
(9th Circ., filed May 26, 2026): Arguing that rehearing should be granted to clarify the standards applicable to establishing class-wide injury.  The...
9th Circuit
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
In Re FirstEnergy Corp. Securities Litigation
(6th Circ., filed May 21, 2026): Arguing that Comcast’s limits on class certification provide essential protections for American businesses and inves...
6th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, et. al.
(U.S., filed May 18, 2026): Arguing the state law does not provide a mechanism to recover damages for costs attributed to global climate change. Clim...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Veto Request, House Bill 26-1236, “Arbitration Reform”
...
Colorado
Second Letter Urging Veto of HB 449 / SB 229 Following Rejection of Amendments
...
Virginia



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