By Richard Faulk on Posted in Environmental QualityAfter 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
By Richard Faulk on 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
