Alchemy in the Courtroom? The Transmutation of Public Nuisance LitigationMichigan State Law Review (2007)
AbstractThis Article continues our study of the public nuisance controversy regarding lead paint. Although lead paint cases are certainly not the only claims where public nuisance principles are being advocated, they are the most conspicuous claims, and they have attracted the most attention from advocates, courts, and commentators. For that reason, we have focused on the lead paint paradigm. Moreover, as will be seen, the allegations asserted in these claims are not unique to lead paint but can be applied generically by ingenious counsel to virtually any product or conduct imaginable. Hence, examining the lead paint controversy provides insight into how the “public nuisance” pseudonym can be unreasonably manipulated to challenge other products and how adhering to the historic underpinnings of the tort can encourage political responsibility and deter abusive litigation.
- public nuisance,
- lead paint
Publication DateWinter 2007
Citation InformationRichard O. Faulk and John S. Gray. "Alchemy in the Courtroom? The Transmutation of Public Nuisance Litigation" Michigan State Law Review Vol. 2007 Iss. 4 (2007)
Available at: http://works.bepress.com/richard_faulk/13/