Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-m9kch Total loading time: 0 Render date: 2024-04-30T16:08:25.468Z Has data issue: false hasContentIssue false

5 - Expanding Public Nuisance Doctrine: Defenses

Published online by Cambridge University Press:  02 November 2023

Linda S. Mullenix
Affiliation:
University of Texas, Austin
Get access

Summary

Chapter 5 turns to a description of the array of common law and statutory defenses that defendants who are sued for public nuisance claims have used in response to litigation. The chapter surveys several conventional tort defenses to public nuisance claims such as lack of causation, lack of proximate causation, failure to define an injury to a common public right, lack of unreasonable interference with a public right, remoteness, lack of standing, economic loss rule, municipal recovery rule, compliance with regulatory rules and standards, federal preemption, federal displacement, the learned intermediary, third party intervention, unconstitutional vagueness, statutes of limitation, violation of the dormant Commerce Clause, and the Eleventh Amendment. In addition, defendants have argued that individual claimants have failed to satisfy the special injury rule that might entitle them to compensatory damages. The chapter evalutes judicial discussion of these defenses and notes cases in which courts have found several defenses to be inapplicable, or overcome by the plaintiffs factual pleadings.

Type
Chapter
Information
Public Nuisance
The New Mass Tort Frontier
, pp. 90 - 113
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×