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

Ohio lawmakers are in “Legislative Limbo” in the American Tort Reform Asso...
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State Tort Laws Negatively Impacting Economies Outlined for DOJ in ATRA Letter

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

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Public Nuisance Expansion and Litigation
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States
Status
Post Types
Date
Lompe v. Sunridge
(U.S. Court of Appeals for the 10th Circuit, filed in April 2015).  Arguing that it is improper to use a defendant’s wealth evidence in an uncon...
10th Circuit
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
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Tyson Foods, Inc. v. Bousaphakeo
(U.S. Supreme Court, filed in April of 2015): Arguing that the Court should grant cert in order to clarify the law and only allow class actions when a...
SCOTUS
  • Court Granted Cert iconCourt Granted Cert
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Scapa Dryer Fabrics v. Knight
(Ga., filed in May of 2015).  Arguing that the “any exposure theory” is not sufficient to be causative of mesothelioma. ...
Georgia
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
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May v. Air & Liquid Systems, Inc.
(Md., filed in May of 2015): Arguing that a manufacturer does not has a duty to warn with respect to asbestos-containing products manufactured, suppli...
Maryland
  • Court Remanded Case Back to Lower Court iconCourt Remanded Case Back to Lower Court
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Bristol-Myers Squibb Co. v. The Super. Ct. of S.F. Cnty.
(Cal., filed June 2015): Arguing that it is improper for California courts to exercise specific personal jurisdiction over a company that has no conne...
California
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
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Rains v. Stayton
(Ore., filed in July of 2015): Arguing that the state’s statutory limit on noneconomic damages is constitutional and does not infringe on a plaintiff’...
Oregon
  • Court Remanded Case Back to Lower Court iconCourt Remanded Case Back to Lower Court
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Spokeo v. Robins
(U.S. Supreme Court, filed in July of 2015): Arguing that a bare violation of a federal statute does not confer Article III standing upon a plaintiff ...
SCOTUS
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
View
Tyson Foods, Inc. v. Bousaphakeo
(U.S. Supreme Court, filed in August of 2015): Arguing that the Court needs to clarify the law and only allow class actions when all class members suf...
SCOTUS
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
View
State Farm Fire and Casualty Company v. Rigsby
(U.S. Supreme Court, filed in November of 2015):  Arguing that the U.S. Supreme Court should grant cert in the case to decide whether or not a seal vi...
SCOTUS
  • Court Granted Cert iconCourt Granted Cert
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Condon v. Advance Thermal Hydronics et. al.
(Superior Court of New Jersey, filed in November of 2015): Arguing that defendants at trial should be able to allocate fault to settled defendants in ...
New Jersey
  • Case Not Yet Decided iconCase Not Yet Decided
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