After long being a mere remnant of the old English common law, public nuisance has been experiencing an elongated renaissance. Courts have expanded the elastic doctrine into an all-purpose cause of action. As a result, lawsuits have alleged that everyday products such as paint, life-saving drugs, and pervasively regulated sources of carbon emissions are an… Continue Reading
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Major Public Nuisance Ruling by California Court of Appeals
Posted in Environmental QualityOn November 14, 2017, California Court of Appeals affirmed liability findings in $1.15 billion judgment ordering three lead paint manufacturers to abate public nuisance in 10 counties and cities containing homes built before 1978 (when lead paint was outlawed). http://beta.latimes.com/business/hiltzik/la-fi-hiltzik-lead-paint-ruling-20171115-story.html The complete opinion is here (143 pages): https://assets.documentcloud.org/documents/4232432/Lead-Paint-Appellate.pdf (critical issue was whether lead paint manufacturers… Continue Reading