PublicNuisanceWire.com

Chris Horner, senior fellow at the Competitive Enterprise Institute and author of Red Hot Lies: How Global Warming Alarmists Use Threats, Fraud, and Deception to Keep You Misinformed, spoke to Public Nuisance Wire about the implications of Climategate.

“The greens already plan to file [lawsuits] early and often,” CEI's Chris Horner observes. “What this does is embolden defendants, lawmakers, and even judges."

Given the subprime mortgage debacle and the spate of foreclosures around the country, it’s no surprise that city governments are looking for someone to blame. But our nation's courts are refusing to validate this scapegoating effort.

Is it fair for the EPA to change its air-quality policies in a state without input from the citizens who will be affected by them? That's the question many in Utah are asking.

At the end of December, Memphis Mayor A.C. Wharton Jr and other city and county officials filed suit against Wells Fargo for allegedly targeting black homeowners for high-interest subprime mortgages.

Product liability may be overkill for large firms responsive to market forces and subject to governmental regulation, say Mitchell Polinsky and Steven Shavell of the National Bureau of Economic Research.

While a number of recent studies suggest that smoking bans cut down on heart attacks, critics argue that the data they rely on have been skewed or misinterpreted.

Novel uses of public nuisance and concerns over contingency arrangements were frequent themes for Public Nuisance Wire in 2009.

Paint litigation was a frequent focus for Public Nuisance Wire in 2009.

“The statutory cap on non-economic damages was an essential piece of the 2004 tort reform,” Mississippi Governor Haley Barbour argued in an amicus brief recently filed in the case of Double Quick Inc. v. Ronnie Lee Lymas.

Mississippi Governor Haley Barbour has filed an amicus brief in the case of Double Quick Inc. v. Ronnie Lee Lymas, asking the state supreme court to affirm the constitutionality of a tort reform cap enacted by the state legislature in 2004.

Mississippi 's tort reform, passed in 2004, has helped reduce medical malpractice claims by as much as 90 percent.

“If allegations like those at issue in Iqbal were allowed to proceed . . . then there would be virtually no limit on the type of conclusory and bare-bone allegations that could subject such officials to the burdens of civil litigation.”

Former Solictor General Gregory Garre says the Twombly and Iqbal decisions are "in line with decades’ worth of precedent at both the Supreme Court and appellate level."

Besides turning the spotlight on judicial hellholes, the American Tort Reform Foundation also highlights “jurisdictions where judges, legislators, the electorate and the media intervened to stem abusive judicial practices.”

This year's edition of Judicial Hellholes bestows the infamous title on six jurisdictions: South Florida, West Virginia, Cook County (Ill.), Atlantic County (NJ), New Mexico Appellate Courts, and New York City.

“The benefits from lawsuit reform add up to real economic stimulus that does not cost a single taxpayer dollar," says Lawrence J. McQuillan of the Pacific Research Institute.

Freeing up the resources now consumed by tort abuse “would enable the creation of new innovative products, new companies, and new jobs at higher wages and with better health care benefits,” says Lawrence J. McQuillan of the Pacific Research Institute.

Herrmann and Beck conclude that “Congress should endorse the recent decisions in Twombly and Iqbal; it should not undo them.”

“Perhaps the greatest price associated with our litigious society is not the cost per se of these unnecessary medical interventions, but their cost in opportunity,” Dr. Jason Fodeman emphasizes.

Several Texas cities recently triumphed over online travel companies in court, obtaining a $20 million award for allegedly delinquent hotel taxes. But city officials in Anaheim, Calif. pursuing a similar course may not be so lucky.

Critics say the verdict represents a politically correct determination to vilify tobacco companies and ignore smokers' assumption of risks.

CHICAGO -- Second Amendment advocacy groups say McDonald v. Chicago could be a bigger landmark case than last year’s Heller.

Eight of California’s largest cities and nine of its largest counties spent $504.1 million to deal with lawsuits over a two-year period. Tom Scott of California Citizens Against Lawsuit Abuse talked to Public Nuisance Wire about these startling figures.

A new report from California Citizens Against Lawsuit Abuse shows that eight of the state’s largest cities and nine of its largest counties spent $504.1 million to deal with lawsuits over the course of fiscal years 2006-2008.

MISSISSIPPI - Sherwin-William has filed notice of intent to appeal a $7 million verdict favoring a former Mississippi high school sports star who blames the paint company for lead poisoning.

The Second Amendment Foundation (SAF) has filed a brief in the Supreme Court case of McDonald v. Chicago and expects a decision favoring gun rights. SAF President Alan Gottlieb spoke to Public Nuisance Wire about the ramifications of such a victory.

SAN FRANCISCO – Chevron has filed a malicious conduct lawsuit against an attorney who took the oil giant to court in 2006.

On November 16, the Second Amendment Foundation filed a brief in the U.S. Supreme Court case of McDonald v. Chicago, challenging the constitutionality of the city’s ban on handguns.

Gun owners believe their Second Amendment rights will be compromised if the health care bill sponsored by Senate Finance Committee Chairman Max Baucus is passed.

The recent health care bill passed by the House specifically prohibits financial incentives for states that implement caps or limits on malpractice awards and attorneys fees.

"When state laws allow too many lawsuits that don't have merit, you pay for it through higher taxes to cover the court system's costs," warns the nonprofit group Minnesotans Against Lawsuit Abuse (MALA).

"Too many lawmakers and analysts still stubbornly insist that medical liability lawsuits do not contribute significantly to rising health care costs," notes Tiger Joyce of the American Tort Reform Association.

In recent postings on its website, the National Conference of State Legislatures (NCSL) outlines its position on medical malpractice, product liability, and tort reform.

The amicus brief submitted in August by the National Paint & Coatings Association (NPCA) in Pennsylvania v. Janssen Pharmaceutica is an excellent companion piece to Janssen’s January application for extraordinary relief.

Last month the Hopi Tribe issued a resolution declaring local and national environmental groups unwelcome on Hopi land.

PROVIDENCE, R.I. - Since 2000, trial lawyer Jack McConnell has contributed to the campaigns of 13 current U.S. senators who may eventually help make him a federal judge.

With a plethora of new asbestos cases coming to fruition, San Francisco County Superior Court is proposing the creation of a single asbestos department.

The National Cattlemen’s Beef Association (NCBA) is in a policy showdown with the federal government over issues ranging from air quality to using poultry litter as a source of nutrients for cattle.

J. Russell Jackson, a partner with Skadden Law who defends companies’ products and advertising in trial and appellate courts, spoke to Public Nuisance Wire about the ramifications of the Fifth circuit's Comer decision.

On October 16, the U.S. Court of Appeals for the Fifth Circuit became the second federal appeals court in less than a month to reverse a trial court decision that had thrown out a climate change lawsuit for presenting a nonjusticiable political question.

In an exclusive interview with Public Nuisance Wire, Lisa Perrochet of Horvitz & Levy explains some of the negative consequences of public nuisance suits.

Last July, the Supreme Court of Rhode Island held that the state “cannot allege” facts sufficient to state a claim for common law public nuisance against lead pigment manufacturers. In the upcoming Santa Clara v. ARCO case, the same rules may apply.

ATLANTA – A spokeswoman for Atlanta-based Southern Company on Friday said any issue regarding environmental regulations should be left up to lawmakers and not the court system.

PROVIDENCE, R.I. - For nine years prospective federal judge nominee Jack McConnell battled paint makers with boundless powers he received from attorneys general he helped elect.

SAN FRANCISCO – A U.S. District Court Judge has dismissed a lawsuit filed by an Alaskan native village that targeted Exxon Mobil, alleging the oil company was responsible for global warming.

SACRAMENTO, Calif. (Legal Newsline) -- While California lawmakers are traditionally busy in their home districts during autumn, this year they will be called into at least three special sessions to address a bevy of complex issues.

Ohio Attorney General Richard Cordray believes the people's Second Amendment right to keep and bear arms is fundamental and cannot be denied by state and local governments. He outlined his perspective in an exclusive interview with Public Nuisance Wire.

COLUMBUS, Ohio -- After the U.S. Supreme Court granted full review to examine the case of McDonald v. Chicago and its implications for Second Amendment rights, Ohio Attorney General Richard Cordray announced he would join in the arguments.

NEW YORK (Legal Newsline) -- Medical malpractice litigation has driven up U.S. health care costs dramatically, translating into higher costs for consumers, a study said Tuesday.

ATLANTA -- The Second Circuit's recent ruling that electric utility companies can be sued for allegedly contributing to global warming could have devastating consequences for southern states, according to one environmental expert.

JEFFERSON CITY, Mo. -- Former Missouri Governor Matt Blunt laments the lack of "a sense of urgency for national tort reform." He knows that reform "can cut costs, create jobs, and increase the quality of care available to patients."

MONTGOMERY, Ala. (Legal Newsline) -- Attorney General Troy King said Thursday he would like judges in five counties to throw out lawsuits against a group of pharmacies, saying that the suits are frivolous.

TULSA, Okla. -- A United States District Court Judge has ruled that a state environmental official is not qualified to give testimony on whether or not poultry litter has polluted the Illinois River watershed.

WASHINGTON, DC – The U.S. Supreme Court is gearing up to hear arguments on whether or not the 2nd Amendment applies directly to the states, an issue that could have a huge impact on gun ownership in America.

MONTGOMERY, Ala. (Legal Newsline) - Alabama Attorney General Troy King should open state legal contracts to a bidding process and stop putting political pressure on the state Supreme Court, the executive director of a legal reform group said Wednesday.

Harold Kim of the U.S. Chamber's Institute for Legal Reform (ILR) believes that the Second Circuit's recent decision in Connecticut v. American Electric Power is something to be alarmed about.

SEATTLE -- If Mayor Greg Nickels bans firearms, the Seattle-based Second Amendment Foundation (SAF) will sue the city.

In light of subsequent actions against lead paint and asbestos manufacturers, a 2001 commentary by Robert Levy of the Cato Institute on contingency-fee arrangements seems positively prescient.

"The Second Circuit's decision is extraordinarily broad and entails major risks for all industries, not just the electric utilities," say Richard O. Faulk and John S. Gray of Gardere Wynne Sewell LLP.

HARTFORD, Conn. -- This week’s Second Circuit Court ruling could have profound implications for the future of climate change litigation, according to an environmental law expert.

The U.S. Court of Appeals for the Second Circuit has ruled that five of the nation’s largest electric utility companies can be sued for creating a public nuisance by emitting greenhouse gases (GHG) that allegedly contribute to global warming.

Janssen’s January application to the Pennsylvania Supreme Court for extraordinary relief in the case of Pennsylvania v. Janssen Pharmaceutica makes a compelling argument against contingency arrangements between governments and private attorneys.

In an exclusive interview with Public Nuisance Wire, Dr. Troy M. Tippett, president of the American Association of Neurological Surgeons, speaks about the need for, and the likelihood of, medical liability reform.

As the October 21st date for oral arguments in the notorious case between Janssen Pharmaceutica and the state of Pennsylvania nears, contingency contracts between states and law firms remain a hot button issue.

Citing fraudulent tactics such as faked sterility tests and bogus employees, the California Superior Court has overturned a Nicaraguan court's $2.1 billion judgment against Dole.

A petition filed in Adames, et al. v. Beretta USA Corp could reopen the case of a teenager fatally shot by his best friend. Firearms instructor Jeff Dissell argues that the current lawsuit ignores federal law.

The 3rd U.S. Circuit Court of Appeals has revived a New Jersey statewide class action suit against Snapple, finding that federal regulation does not preempt consumer fraud claims involving Snapple’s “All Natural” labeling.

RICHMOND, VA. -- Philip Morris USA announced on August 13 that it would appeal a Ft. Lauderdale jury verdict awarding $5.3 million in compensatory damages to the family of a former smoker.

ATLANTA,Ga. -- As the once moribund Alien Tort Statute continues to plague American corporations abroad, Coca-Cola has dodged a bullet with the dismissal in the Eleventh Circuit Court of Appeals of claims brought against it under the statute in 2001.

WASHINGTON D.C. -- Florida passed tort reform legislation in 2003 to control excessive litigation in workers’ compensation cases and contain medical costs. N. Michael Helvacian of the National Center for Policy Analysis explains the impact.

The Public Nuisance Fairness Coalition and associated groups have filed an amici curiae brief in support of the defendant in Commonwealth of Pennsylvania v. Janssen Pharmaceutica, Inc.

Marion Loomis, executive director of the Wyoming Mining Association, representing 32 mining operations in the state, warns his members not to expect support for coal in Washington -- especially Western coal.

ASHEVILLE, N.C. (Legal Newsline) - The decision to have Tennessee Valley Authority spend hundreds of millions of dollars in pollution controls at four of its power plants won't be stayed during the company's appeal.

CASPER, Wyo.-- Another major state industry has come out against the Obama administration’s proposed climate bill.

CHEYENNE, Wyo.-- Even though the Senate is in full summer recess, organizations are already gearing up for a showdown this fall over so-called "cap and trade" legislation that could badly damage the farming industry.

Targeting a company across state lines is not the only thing that makes North Carolina’s lawsuit against the Tennessee Valley Authority controversial. According to David Bass of the Carolina Journal, the lawsuit is also costing taxpayers money and jobs.

As State of North Carolina v. Tennessee Valley Authority grinds inexorably forward, opponents of North Carolina's claim foresee a worst-case scenario in which state-created environmental regulations supersede established federal regulations.

BOISE, Idaho -- A federal judge ruled in July that the US Forest Service cannot use an advisory committee’s report on whether domestic sheep pose a disease risk to bighorn sheep because the committee was improperly formed.

CHESAPEAKE, Va. -- Nearly 400 neighbors of Battlefield Golf Club sued Dominion Virginia Power in March, seeking damages and the removal of 1.5 million tons of fly ash from the site.

HARRISBURG, Pa. (Legal Newsline) - A trade association says government agencies that were lured by the "siren song" of plaintiffs attorneys seeking state contracts have jeopardized balanced government decision-making in parens patriae litigation.

WASHINGTON DC -- The Washington Legal Foundation (WLF) has urged the EPA to clarify that any Endangerment Finding it may issue with regard to greenhouse gases is not meant for use in tort cases.

WASHINGTON DC -- Republican Rep. Jeb Hensarling of Texas says Democrats in Congress have "a control issue." They want to control the cars we drive, the doctors we see, and the loan products we use.

RICHMOND, Va. -- The U.S. Chamber of Commerce has filed an amicus brief in the appeal of State of North Carolina v. Tennessee Valley Authority, asserting that the previous ruling in the case violates existing federal air pollution provisions.

TULSA, Okla. -- A federal judge in Oklahoma has ruled that excessive amounts of poultry litter can be classified as solid waste under federal environmental guidelines.

ASHEVILLE, N.C. (Legal Newsline) - Alabama Attorney General Troy King is getting his chance to intervene in North Carolina Attorney General Roy Cooper's public nuisance suit against power provider Tennessee Valley Authority.

NEW YORK – New York City lawyers are trying to convince a jury in a United States District Court in Manhattan that Exxon Mobil knew an additive it used in gasoline would eventually contaminate groundwater.

FRESNO, Calif. - The Pacific Legal Foundation (PLF) is following every avenue to stop the cutbacks on water supplies resulting from federal environmental regulations -- cutbacks that have devastated California's San Joaquin Valley.

TORONTO – A Canadian-based film company has begun filming a documentary aimed at exposing the controversial case of Kivalina v Exxon Mobil.

As cash-strapped states and cities look for unconventional ways to come up with funds for basic services, one attorney believes they will set their sights on an unpopular industry: subprime mortgage lenders.

North Carolina v. Tennessee Valley Authority is "one of the most significant public nuisance victories ever by a plaintiff," warns attorney Trent Taylor. If upheld, it could pose a threat to successful businesses all across America.

SPRINGFIELD, Ill – Wells Fargo is the target of yet another lawsuit involving minorities, this one filed by Illinois Attorney General Lisa Madigan.

WASHINGTON, D.C. -- With his filing of legislation to return the pleading standard to what it was prior to 2007's Bell Atlantic Corp. v. Twombly case, Arlen Specter has ignited a firestorm of debate over the current standard.

Legal blogger Jane Genova has a theory on the impact that public nuisance contingency cases could have on the country – and it’s catastrophic.

TULSA, Okla. -- As the State of Oklahoma draws closer to a courtroom showdown with Tyson Foods, one local poultry farmer wants to set the record straight about poultry litter.

ASHEVILLE, NC -- The case of North Carolina v Tennessee Valley Authority is beginning to look more like a soap opera every day. Last month, the state of Alabama joined more than 200 plaintiffs in a case that could end up before the U.S. Supreme Court.

England's Carbon Reduction Commitment won't go into effect until next year, but the police force charged with investigating possible infractions is already being viewed as a public nuisance.

COLUMBUS, Ohio -- Ohio Attorney General Richard Cordray recently sat down with RightOhio blogger Matt Naugle to discuss public nuisance lawsuits aimed at lead paint manufacturers and other issues facing the Buckeye State's top law enforcement official.

Jim Beck, of counsel at Dechert LLP in the mass torts and product liability group in Philadelphia, spoke to Public Nuisance Wire about changes in product liability and the impact they've had on defendants.

Contingency contracts between law firms and the government are continuing to raise eyebrows, especially when political contributions come into play.

MISSISSIPPI - Paint maker Sherwin-Williams has filed for a new trial after being hit with a jury verdict of $7 million for manufacturing lead paint that allegedly harmed a Mississippi athlete.

GAINESVILLE, Fla -- If another vacancy occurs on the Supreme Court over the next year or two, it could be a nightmare scenario for the gun industry, according to Jeff Dissell, former Florida state chairman for the National Rifle Association.

BETHESDA, Md. - Small businesses, thrift retailers, and public libraries could be hurt the most by a Consumer Product Safety Commission order lowering the acceptable amount of lead in products intended for children.

WASHINGTON, D.C. -- In an open letter to journalists last week, Mary Anne Hansan, vice president of the National Fisheries Institute, said agenda-driven media bias is hurting the seafood industry.

RICHMOND -- If the controversial energy bill passes in the Senate, businesses could face a dramatic increase in compliance costs and more government scrutiny, according to legal expert Trent Taylor.

UNITED KINGDOM -- Although Britain's Criminal Justice and Police Act of 2001 has been around for a while, one element of it has caused quite the backlash in 2009 . . .

In a conversation about everything from court cases to Buddhism, it's easy to see why her blog is becoming a must-read for legal professionals and law junkies alike.

MADISON, Wisc. (Legal Newsline) - After a setback in Mississippi, the paint industry earned another victory Tuesday when the Wisconsin Supreme Court sided with it in the case of a minor who claimed it was liable for his lead poisoning.

MADISON, Wisc. -- Children suffering from lead paint poisoning cannot sue the paint’s manufacturer, the Wisconsin Supreme Court ruled today.

ALASKA -- As warmer temperatures open up previously inaccessible Alaskan oil and gas reserves, oil companies are finding their dash to tap them slowed by lawsuits from environmental groups.

WASHINGTON, D.C. - Oklahoma Sen. James Inhofe (R-OK) wants to know why the Environmental Protection Agency suppressed a report by analyst Alan Carlin that questioned the agency's climate change views . . .

SACRAMENTO -- State Attorney General Jerry Brown has dropped a controversial lawsuit aimed at six of the world’s largest automakers over allegations the manufacturers directly contribute to global warming.

NEW YORK -- Royal Dutch Shell, the multinational petroleum company, has settled with plaintiffs in New York federal court for $15.5 million in an Alien Tort Statute lawsuit. The settlement could spell trouble for other large corporations . . .

BALTIMORE -- The City of Baltimore has provided enough proof to continue its suit against Wells Fargo over allegations that the mortgage lending giant targeted blacks for subprime loans, according to U.S. District Court Judge Benson Legg.

SPANISH FORT, Ala. -- As smoking bans continue to pass across the country, one Alabama town is taking a slightly different approach in the fight against secondhand smoke.

Washington, D.C.-- Officials representing America’s agriculture and pork industries are expressing growing concern over the potential of skyrocketing costs and job loss if the climate bill makes it through the Senate.

Gilles Blackburn, whose wife froze to death while the two were lost in the British Columbia backcountry, is suing the Royal Canadian Mounted Police, search-and-rescue officials, and ski-resort officials for negligence.

BRIDGEPORT, Conn. -- The future of a Bridgeport, Conn., hookah bar has gone up in smoke again. The Milford health department has forced the Olive Tree Hookah Lounge to close for a second time, raising issues with the state's smoking ban . . .

KNOXVILLE -- Regulations emanating from Congress, the Environmental Protection Agency and federal courts over the use of coal-fired energy generation could double the price of power in the Tennessee Valley Authority's jurisdiction.

JACKSON, Miss. -- A Mississippi jury has ruled against Sherwin-Williams after the paint company giant was found liable for the illnesses of a Mississippi boy who'd consumed lead paint chips.

Lexington, Ky. -- A week after the American Clean Energy and Security Act passed narrowly in the House of Representatives, coal industry experts are hanging on hopes that the bill will die in the Senate.

JEFFERSON CITY, Mo. -- Mandating carbon reductions through such a scheme as the climate bill is simply a tax on oil and coal and the businesses and industries using them, according to Missouri Farm Bureau President Charles Kruse.

PROVIDENCE -- The nomination of trial attorney Jack McConnell to a federal judgeship in Rhode Island and his relationship with former State Attorney General Sheldon Whitehouse has sparked a great deal of controversy.

ST. LOUIS, Mo. -- The Illinois smoking ban may have some breathing cleaner air, but it’s leaving casinos in dire straits.

WASHINGTON, DC -- On Friday, the U.S. House of Representatives narrowly passed sweeping legislation that could change the face of business in America. However, one group says Congress should look at loosening current EPA restrictions.

HARTFORD, Ct. -- Once reserved for small disputes, public nuisance claims have become the weapon of choice for plaintiffs’ attorneys eager to circumvent statutes of limitations, causation and product identification requirements, etc.

CLEVELAND, Oh. – Last month’s decisive victory for 21 investment banks, in which a federal district judge dismissed the city of Cleveland's 16-month-old lawsuit against the subprime lenders, was met with mixed emotions in the legal community.

DETROIT, Mi. -- The Foundation for Fair Civil Justice has announced the 2009 winner of its Wacky Warning Label Contest and it comes from a slightly icky place: an off-road commode.

ST. LOUIS, Mo. -- Drury Development Corporation settled with the Environmental Protection Agency (EPA) late last month and has agreed to replace windows and get rid of lead in four of its single-family residential properties that it leases in St. Louis.

KANSAS CITY, Mo. -- A Kansas City bar’s petition against the city’s smoking ban seems to have gone up in smoke thanks to a decision issued today by the Missouri Court of Appeals.

SEATTLE, Wa. -- Attorneys for the U.S. Environmental Protection Agency (EPA) are facing a new challenge from a lawsuit recently filed by the Center for Biological Diversity.

NEW YORK, NY -- A New York Court of Appeals judge has ruled the city can no longer use the state’s consumer fraud law to recover lost revenue from untaxed cigarettes shipped into the city.

JEFFERSON CITY, Mo. -- Washington politicians have not demonstrated an understanding of the agriculture industry, according to a Missouri Farm Bureau official.

BALTIMORE -- The City of Baltimore is suing Wells Fargo over the company’s alleged practice of steering blacks towards high-interest loans.

Recent federally mandated upgrades to a Public Service Company of New Mexico (PNM) generating station will likely result in increased energy prices for consumers.

PROVIDENCE -- Jack McConnell’s highly partisan background could bar him from a federal judgeship seat, according to a Rhode Island Republican Party official.

JEFFERSON CITY, Mo. -- American farmers could lose as much as 20 percent of their total net income if proposed federal regulations take effect, according to Missouri Farm bureau officials.

WASHINGTON, D.C. -- Vice President Joe Biden has announced nearly $100 million of stimulus funding will go toward lead paint removal from low income homes.

INDIANAPOLIS -- A federal judge has ordered three Cinergy-owned Indiana power plants to shut down due to an increase in sulfur dioxide emissions.

TAHLEQUAH, Okla. -- The state of Oklahoma and the Cherokee Nation have reached an agreement allowing the lawsuit against Tyson Foods to go forth.

WASHINGTON, D.C. -- The Public Nuisance Fairness Coalition (PNFC) has called for the Justice Department to investigate into the nomination of trial lawyer Jack McConnell to fill a vacant seat on the federal bench.

SAN FRANCISCO -- Bay area attorney and public nuisance litigator Ann Ravel has been appointed by the Obama administration to head the Justice Department’s Torts Branch.

KNOXVILLE, Tenn. -- Officials with Pennsylvania’s Department of Environmental Protection (DEP) have rejected the use of coal ash that was spilled from a TVA plant, saying the spill was too contaminated.

OKLAHOMA CITY -- Lawsuit reform in Okalahoma is closer to becoming a reality thanks to the House’s vast support of a piece of legislation that would change the way claims are brought to the state’s courts.

INDIANAPOLIS -- A federal jury in Indianapolis has found that Duke Energy Corp. violated the Clean Air Act when it increased pollution at plants in Ohio and Indiana.

SANDERSVILLE, Ga. -- Four electric companies have pulled out of a deal that would create a $2 billion coal-fired plant in Washington County, Ga.

CLEVELAND -- Over 15 banking and holding companies scored a victory this week against the city of Cleveland as a federal district judge dismissed a lawsuit against the subprime lenders.

SAN FRANCISCO -- The United States Court of Appeals for the 9th Circuit has dismissed a lawsuit aimed at gun manufacturer Glock, Inc., and retailer RSR Wholesale Guns Seattle.

WASHINGTON, D.C. -- New climate legislation making its way through the House of Representatives would result in an increasing number of public nuisance lawsuits, this according to a recent letter to lawmakers from the U.S. Chamber of Commerce.

ELKHART, Ind. -- An Elkhart, Ind.-based recycling company is embroiled in yet another battle for its business practices, this time with the Environmental Protection Agency (EPA).

CHARLOTTE -- The North Carolina Environmental Management Commission on Thursday ordered increased reviews for facilities that burn fossil fuels.

CHARLESTON, W.V. -- Last week, the Georgia Assembly passed a reform bill to curb public nuisance claims in the state. Now, members of the West Virginia Legislature will be looking closely at similar legislation to stop abuses in the Mountain State.

DENVER -- A federal court of appeals in Denver has upheld a district court ruling that denied a motion by the Oklahoma attorney general’s office to stop the use of poultry litter as fertilizer in the Illinois River watershed.

DURHAM, N.C. -- A Durham, N.C.-based environmental group is seeking to halt construction on Duke Energy's $2.4 billion coal fired plant in Cliffside.

MADISON -- A jury verdict that ruled in favor of former lead paint manufacturer NL Industries will not be overturned, thanks to a Wisconsin Supreme Court decision on April 22.

ATLANTA -- Georgia Governor Sonny Perdue signed legislation this week aimed at curbing public nuisance lawsuit abuse in the state.

OAKLAND -- A hearing is set for later this month to consider a motion to dismiss in the global warming case of Kivalina v. Exxon Mobil.

CHICAGO -- A host of non-profit organizations have filed an amicus brief in a controversial lead paint case in California, arguing that a perilous precedent that would be set if public nuisance cases against manufacturers are allowed to go forward.

PROVIDENCE -- One Rhode Island lawmaker and several state party officials have called the nomination of attorney Jack McConnell to the federal bench “extremely disappointing.”

NEW YORK -- New York-based law firm Weitz & Luxenberg has enlisted renown environmentalist Erin Brockovich to attract litigants in two high-profile public nuisance cases.

SACRAMENTO -- The state’s largest organization of prosecutors filed an amicus brief Monday, arguing for neutrality by government agencies hiring private attorneys.

NEW YORK -- A major agreement has been reached between Fresh Direct, New York’s largest grocery delivery service, and the office of Attorney General Andrew Cuomo.

SACRAMENTO -- Controversial Rhode Island attorney Jack McConnell, who lead the charge against paint manufacturer Sherwin-Williams, is involved in yet another public nuisance claim.

PROVIDENCE -- U.S. Senators Jack Reed and Sheldon Whitehouse have recommended prominent trial lawyer and Democrat donor Jack McConnell for a federal judgeship.

WASHINGTON, D.C. -- The State of California shouldn't hire private lawyers on contingency to prosecute citizens and businesses, this according to an amicus brief filed in the California Supreme Court today by the Public Nuisance Fairness Coalition (PNFC).

ASHEVILLE -- A federal judge has denied the Tennessee Valley Authority's request to extend the timeline to install pollution controls on a coal-fired plant in North Carolina.

WASHINGTON, D.C -- House members have written a bill that would allow private residents to sue the federal government over greenhouse gas emissions.<

Appeals in three significant federal climate change cases will be heard in the coming months.

The city of Cleveland has won the first round in a pair of public nuisance lawsuits filed against Wells Fargo and Deutsche Bank that seek to force the banks to either fix up or demolish foreclosed homes.

Two major paint companies are seeking to be reimbursed by the state of Rhode Island for the costs associated with fighting a bogus lead paint poisoning lawsuit filed in 2002.