Product Liability -- 2018



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

"Public nuisance" liability

The NAM filed an amicus brief in the U.S. Supreme Court on behalf of paint manufacturers to oppose an overbroad “public nuisance” theory of product liability. The case involves lawsuits by several California counties against companies that previously sold lead paint. A California court concluded that the plaintiffs could establish over $1 billion in liability against the companies under 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 brief supported the companies’ request for review by the Supreme Court. Unfortunately, the Court declined to review the case.


Related Documents:
NAM brief  (August 17, 2018)