Public Nuisance Cases May Redefine Tort Law

Industry attorneys say one of their top priorities this year is to convince state courts to overturn or dismiss cases in which plaintiffs use public nuisance laws to sue former makers of lead-based paint to recover remediation and health care costs. They cite the State of Rhode Island’s successful suit against former lead paintmakers several years ago, the first lead paint-related lawsuit to rely on the public nuisance claim. The verdict in that case, in which Rhode Island Attorney General Sheldon Whitehouse (D.) teamed up with trial attorneys at Motley...

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