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June 11, 2020

New: ILR Briefly COVID-19 Series: Public Nuisance At The Door

COVID-19 has resulted in illness, injury, and financial destruction on a scale unseen in the United States since the 1918 flu pandemic. As a consequence, courts will inevitably be called upon to sort out huge numbers of COVID-19 claims. While some plaintiffs will seek damages for contract breaches and ordinary business torts, others will likely seek compensation through more creative, less common mechanisms such as public nuisance claims.

The newest ILR Briefly examines the history and recent practice of public nuisance lawsuits. The paper also foreshadows how COVID-19 could become a major target for the nascent public nuisance bar and makes the argument why such claims should be subject to dismissal.

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