Scott Seaman Comments on the Expansion of the Tort of Public Nuisance in California

August 15, 2022

Scott Seaman, Hinshaw partner and Chicago-based co-chair of Hinshaw's Global Insurance Services Practice Group, discussed the potential impacts of expanding the tort of public nuisance in a recent Law360 article, "Calif.'s Broad Nuisance Law Key To Walgreens Opioid Liability."

In the wake of a California federal judge's decision to hold Walgreens liable for contributing to the opioid crisis in San Francisco—based on the state's broad public nuisance law—Seaman warns that the expansion of the tort contributes to the costs of defending and resolving claims.

Seaman notes that the law of public nuisance seems to be evolving, with the elements varying from state to state. "The plaintiff's bar is making a concerted effort to liberalize public nuisance law wherever it perceives an opportunity to do so and the defense bar has to fight those efforts," he adds. "Right now, California is perceived by many as a welcoming jurisdiction."

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"Calif.'s Broad Nuisance Law Key To Walgreens Opioid Liability" was published by Law360 on August 11, 2022.

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