Public Nuisance Claim Loses Traction in Oklahoma Opioid Case; Ohio, California Cases Move Forward
The past year saw several attempts to apply new applications of the public nuisance doctrine to the opioid crisis. [See article here.] While in the past, public nuisance claims typically sought recovery for damages in connection with land use in public spaces, pollution of public waterways, or extreme noise levels, litigators sought to expand the […]
California bill would hold gunmakers liable for injuries or deaths
The legislation is modeled after a first-in-the-nation New York law that declares such violations a ‘public nuisance’ Some Democratic California lawmakers want to make it easier for people to sue gun companies for liability in shootings that cause injuries or deaths, a move advocates say is aimed at getting around a US law that prevents […]
Common Council committee discusses legal action against Hyundai and Kia over thefts
Twenty-eight cars stolen a day. That statistic was at the center of the issue Milwaukee Common Council’s Judiciary and Legislation Committee took up again Monday — possible legal actions regarding the rampant theft of Hyundai and Kia vehicles. This comes after a private lawsuit was launched regarding the issue. “We’re forced to rely on anecdotes […]
Trending in Tort Law Part II: Courts Address the Growing Use of Public Nuisance in Mass Torts
Since prescription opioids were first introduced for pain treatment in the 1990s, the number of drug overdose deaths has quadrupled, and more than a half million Americans have died from an overdose involving an opioid.[1] The CDC has labeled this an epidemic, and most agree that it is a public health crisis. But courts are divided […]
