fbpx
News
June 21, 2019

ILR President Rickard: Public Nuisance Lawsuits “Could Devour All of Tort”

In a new op-ed in RealClearMarkets, U.S. Chamber Institute for Legal Reform President Lisa A. Rickard said the rise of public nuisance lawsuits may create a “monster that could devour all of tort.”

She pointed directly to the ongoing trial in Oklahoma, in which the state is using the public nuisance theory in a lawsuit against pharmaceutical companies over the opioid crisis. Nuisance law, Rickard says, is based off law from medieval England and has “long been limited to claims over unreasonable interference with a public right” like roads or waterways. Applying it to claims over products would “allow for lawsuits over virtually any harm caused by any product in anyone’s hands.”

Rickard cited an opinion from the Eighth Circuit, which said an expansion of nuisance law would unleash “a monster that would devour in one gulp the entire law of tort.”

Summit 2022 Cropped Graphic Podcasts The Critical Role of State Attorneys General State Attorneys General Blog WSJ Editorial: "The Oklahoma Supreme Court Shreds Abuse of the ‘Public Nuisance’ Tort” State Attorneys General News Freedom Foundation: Court Loss For Minnesota AG Is A Win For Accountability, Transparency State Attorneys General News New Research: Litigation vs. Restoration: Addressing Louisiana’s Coastal Land Loss Municipality Litigation, State Attorneys General Wooden Gavel Blog Texas Lawmakers Should Keep Trial Lawyers Out of Taxpayers’ Pockets State Attorneys General

Cookie Notice

By clicking “I Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.

Cookie Notice

By clicking “I Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Review Settings