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

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

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

ATRA Submits Comments to DOE on Draft Report by Climate Working Group

Today, the American Tort Reform Association submitted comments to the U.S....

Montana Emerges As National Tort Reform Leader in ATRA’s 2025 “Legislative HeatCheck”

Today, the American Tort Reform Association named Montana a 2025 “Tort Ref...

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
Sanctionable: The unsupported, exaggerated, and suspicious claims plaguing our nation’s courts
There is growing concern that many lawsuits filed in our nation’s courts are unsupported, involve manufactured or exaggerated injuries, or stem from ...
California, Florida, Louisiana, New York, Pennsylvania
Lyon v. Riverside Methodist Hospital et. al.
(OH., filed October 7, 2025): Arguing that the Court should review the lower court’s decision because the Court should comprehensively address the co...
Ohio
  • Case Not Yet Decided iconCase Not Yet Decided
Atlas Turner, Inc. v. Welch
(U.S., filed September 22, 2025): Arguing the Court should review the use of receiverships by the South Carolina asbestos court.  The receivership pr...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Letter to House Judiciary Committee re: Protection of Lawful Commerce in Stone Slab Products Act
This letter was submitted on behalf of the American Tort Reform Association to express our support for H.R. 5437, the “Protection of Lawful Commerce ...
California
Letter to DOJ re: RFI on State Laws Having Significant Adverse Effects on the National Economy or Interstate Commerce
Re: Request for Information on State Laws Having Significant Adverse Effects on the National Economy or Significant Adverse Effects on Interstate Com...
Chevron U.S.A. Inc. v. Plaquemines Parish
(U.S., filed September 12, 2025): Arguing that the Louisiana coastal litigation proves the importance of federal officer removal.  The Government law...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Suncor Energy Inc., et. al. v. County Commissioners of Boulder County, et. al.
(U.S., filed September 12, 2025): Urging the Court to grant the petition for certiari.  Arguing that global climate change is not traditional state t...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Sommerville v. Union Carbide and Covestro LLC
(4th Circ., filed September 9, 2025): Supporting rehearing en banc. Arguing that Article III standing requires an injury that is concrete and particu...
4th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Ortiz v. Daimler Trucks North America LLC
(CA., filed September 4, 2025): Urging the court to review the lower court’s decision because in combination with the decision in Gilead, it threaten...
California
  • Case Not Yet Decided iconCase Not Yet Decided
CSX Transportation, Inc. v. Carey, II et. al.
(KY., filed August 26, 2025) : Arguing that in a wide range of cases, identification of suspicious claims activity has led to investigations that hav...
Kentucky
  • Case Not Yet Decided iconCase Not Yet Decided



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