Product Liability -- 2018

California v. ConAgra Grocery Products   (U.S. Supreme Court)

"Public nuisance" liability

The NAM filed an amicus brief on behalf of paint manufacturers to oppose an overbroad "public nuisance" theory of liabilty. The case involves lawsuits by several California counties against companies that previously manufacturerd lead paint. The California Court of Appeals concluded that the plaintiffs could establish over $1 billion in economic damages based on a "public nuisance" theory of tort liability. That theory is dangerous for manufacturers because it does not require plaintiffs to prove reliance or causation and could lead to crushing damage awards in other lawsuits against manufacturers. The NAM's amicus brief explains why the U.S. Supreme Court should review this case and reverse the California court's overbroad theory of liability. On October 15, 2018, the Court denied certiorari.

Related Documents:
NAM brief  (August 17, 2018)


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