Public Nuisance: The New Mass Tort Frontier

In Public Nuisance, Linda Mullenix describes the landscape of 21st century mass tort litigation involving public harms – including lead paint, opioids, firearms, e-cigarettes, climate change, and environmental pollution – and the novel theory of public nuisance that lawyers and local governments have used to receive compensation from those who have created public nuisances. The book surveys conflicting judicial decisions rooted in common law and statutory interpretation and evaluates the competing arguments for and against the expansion of public nuisance law. Mullenix argues that that the development of public nuisance theory is part of the historical arc of mass tort litigation and suggests a middle approach to new public nuisance law, namely that we should embrace the common law and legislated public nuisance statutes.

• Outlines the evolution of public nuisance law
• Analyzes the application of public nuisance in 21st century mass torts, including lead paint, opioids, firearms, e-cigarettes, climate change, and environmental litigation
• Evaluates the competing arguments of attorneys, judges, and scholars concerning the role of courts and law in modern public nuisance law