The tort of public nuisance has seen its fortunes rise and fall dramatically in recent years. It was once hailed as the next big tort. More than one court described it as a monster threatening to devour tort law because of its propensity for reaching conduct that other tort theories could not. Recent events confirm that analogy to a degree. Public nuisance resembles nothing so much as a zombie — a mindless creature perhaps not all that dangerous at first glance but very difficult to kill once and for all.
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PUBLIC NUISANCE
The tort that refuses to die
The National Law Journal
April 6, 2009
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