Leslie Kendrick, ‘The Perils and Promise of Public Nuisance’, Yale Law Journal (forthcoming 2023), available at SSRN. On its face, there is a certain hypocrisy to the fact that governments permitted private parties to distribute massive amounts of opioids, stood on the sidelines as overuse and misuse created a deadly toll, and, only after the fact, sued for damages through torts like public nuisance. Why is it that after state legislatures fail to prevent public harms, state attorneys general can swoop in and collect big dollars on legal claims for harms done to the public? And why do companies, through settlements, accede to attorneys generals’ demands? In her thoughtful article, ‘The Perils and Promise of Public Nuisance’, Professor Leslie Kendrick explores public nuisance claims – claims for unreasonable interference with a right common to the general public … (more)
[Ellen Bublick, JOTWELL, 12 August 2022]
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