PublicNuisanceWire.com

“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."

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.