Insights & Events

At a recent Ad Idem Network CLE webinar, Hollingsworth LLP attorneys Marchello Gray and Kyle McWaters participated in a panel discussion focused on the increasing number of consumer protection and public nuisance cases brought by state attorneys general. For example, in the environmental context, state AGs are increasingly suing companies whose actions allegedly created a general “public nuisance” instead of a lawsuit focused on a specific point of contamination. Similarly, in the products liability space, state AGs are bringing public nuisance claims against manufacturers, distributors, or retailers for claims that are normally filed by private plaintiffs as products liability actions. Using litigation rather than regulatory channels allows states to bypass traditional rulemaking avenues and creates additional litigation risks for defendants. The panelists discussed these challenges and strategies for addressing them in pending or forthcoming litigation.