States Consider Options To Curtail Public Nuisance Suits

Key Takeaways

State legislatures continue to explore restrictions on public nuisance liability, particularly for product-adjacent claims and public-entity plaintiffs. Where legislatures ultimately draw the line on who may sue and what conduct qualifies will shape public nuisance litigation risk and defense strategy for years to come.

As we highlighted last month, public nuisance theories have become an increasingly common vehicle for plaintiffs, including governmental entities, to pursue product liability claims. The theory gained traction in the opioid litigation and has since appeared in emerging waves of litigation, including claims against social media platforms brought by school districts and other public entities. For example, in a recent order in In re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, Judge Gonzalez Rogers denied summary judgment and ruled that a school district’s public nuisance claims could proceed to trial.