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Article
"Negligence in the Air?" Should "Alternative Liability" Theories Apply in Lead Paint Litigation?
Pace Environmental Law Review (2008)
  • Richard O. Faulk
  • John S. Gray
Abstract
This article examines various theories of alternative liability and the circumstances, policies and limitations under which they were created and expanded. It then specifically examines the application of “market share” liability to the manufacturers of lead pigment currently being sued by governmental entities under theories of public nuisance. Finally, it demonstrates how these theories are unworkable in the context of the lead paint public nuisance litigation. Viewed in the proper perspective, it is time to stop the descent of American jurisprudence down the “slippery slope” of alternative liability—lest the uncontrolled descent lead to a precipitous fall into an irrational and unjust abyss
Keywords
  • public nuisance,
  • lead paint,
  • market share liability,
  • alternative liability
Disciplines
Publication Date
Winter October, 2008
Citation Information
Richard O. Faulk and John S. Gray. ""Negligence in the Air?" Should "Alternative Liability" Theories Apply in Lead Paint Litigation?" Pace Environmental Law Review Vol. 25 Iss. 1 (2008)
Available at: http://works.bepress.com/richard_faulk/14/