ANALYSIS: The Public Nuisance Doctrine Is Having a Moment

Sometimes, the solution to tomorrow’s problems involves the novel application of long-standing legal theories. The public nuisance doctrine has been around for centuries, but it has recently come into the limelight as a way for municipal governments to address large-scale public health problems like the opioid epidemic.

A public nuisance theory was used successfully by the State of Oklahoma to recover money from Johnson & Johnson for its part in causing the state’s opioid crisis. The state sued a number of manufacturers, including Purdue Pharma and Teva Pharmaceutical Industries seeking $17 billion to help combat the effects of prescription painkillers. ...