The Mouse Roars! Rhode Island High Court Rejects Expansion of Public Nuisance

Richard O. Faulk, Gardere Wynne Sewell LLP
John S. Gray, Gardere Wynne Sewell LLO
Thomas R. Bender, Hanson Curran LLP

Abstract

On July 1, 2008, the Supreme Court of Rhode Island, the smallest state in the nation, gave a loud and mighty roar as it joined the chorus of high courts rejecting attempts to expand the use of the law of public nuisance as a means to sue manufacturers of lawful products. In so ruling, the court acted consistently with the traditional role of judges presiding over common law controversies, and joined a growing list of other state supreme courts that have refused to enlarge the boundaries of this ancient tort.