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

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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
Blade v. Sig Saurer
(E.D. Pa., filed April 6, 2026): Arguing that the court should grant Sig Saurer’s motion for reconsideration because Mallory upends the jurisdictiona...
Eastern District of Pennsylvania
  • Case Not Yet Decided iconCase Not Yet Decided
Suquilanda v. Skyway Roofing, Inc.
(Ma., filed March 18, 2026): Urging the court to decline to recognize a new cause of action permitting employees of a subcontractor to sue a contract...
Massachusetts
  • Case Not Yet Decided iconCase Not Yet Decided
Letter Urging Veto or Amendments to House Bill 449 / Senate Bill 229 in Virginia
...
Corporate Flight from Delaware: The Impact of Escalating Shareholder Litigation and Legal Uncertainty
Unpredictable court rulings and a wave of lawyer-driven, profit-seeking litigation are destabilizing Delaware’s historic dominance for corporat...
Delaware
New York Local Legal Services Advertising 2024-2025
Trial lawyers and aggregators increasingly spend large sums of money on television, digital, and print advertising to recruit new clients. In 2025, i...
New York
Murphy v. Rio Rancho Center
(New Mex. Ct. App., filed March 5, 2026): Arguing that the double-digit punitive multipliers likely violate due process. The U.S. Supreme Court has s...
New Mexico
  • Case Not Yet Decided iconCase Not Yet Decided
Monsanto v. Durnell
(U.S., filed March 2, 2026): Arguing that requirements for herbicide labeling should not be made case-by-case in litigation sparked by a flawed IARC ...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Cowan v. Dr. Slann et.al.
(N.D., filed February 23, 2026): Arguing that reasonable limits on medical liability improve the health care system for doctors and patients and Nort...
North Dakota
  • Case Not Yet Decided iconCase Not Yet Decided
Oregon Local Legal Services Advertising 2021-2025
Trial lawyers and aggregators increasingly spend large sums of money on television, digital,and print advertising to recruit new clients. In 2025, it...
Oregon
The Junk Science Playbook
The Machine That Sparks and Supports Mass Tort LitigationIntroduction and Executive SummaryMass tort litigation is a sprawling, profit-driven...



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