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"Negligence In The Air?" Should "Alternative Liability" Theories Apply In Lead Paint Litigation?, Richard O. Faulk, John S. Gray
"Negligence In The Air?" Should "Alternative Liability" Theories Apply In Lead Paint Litigation?, Richard O. Faulk, John S. Gray
Richard Faulk
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 …
The Mouse Roars! Rhode Island High Court Rejects Expansion Of Public Nuisance, Richard O. Faulk, John S. Gray, Thomas R. Bender
The Mouse Roars! Rhode Island High Court Rejects Expansion Of Public Nuisance, Richard O. Faulk, John S. Gray, Thomas R. Bender
Richard Faulk
On July 1, 2008, the Supreme Court of Rhode Island, the smallest state in the nation, gave a loud and mighty roar as it joined the chorus of high courts rejecting attempts to expand the use of the law of public nuisance as a means to sue manufacturers of lawful products. In so ruling, the court acted consistently with the traditional role of judges presiding over common law controversies, and joined a growing list of other state supreme courts that have refused to enlarge the boundaries of this ancient tort.