Law’s Duct Tape? Using Public Nuisance to Fix the Holes in Administrative Law

Authors

Anthony J. Sebok, Benjamin N. Cardozo School of LawFollow

Files

Abstract

Public nuisance is in the news again. Three important opioid cases have been recently decided. In November plaintiffs lost a bench trial in California state court, and eight days later, the Oklahoma Supreme Court reversed a $465 million trial verdict, holding that, as a matter of law, public nuisance does not extend to the manufacturing or marketing of prescription drugs. About a week later, a jury in a bellwether, the Ohio federal MDL, held that pharmacies caused a public nuisance by failing to respond to curb medically unnecessary prescriptions.

Document Type

Article

Publication Date

1-3-2022

Publisher

Jotwell: The Journal of Things We Like (Lots)

Disciplines

Law | Torts

Recommended Citation

Sebok, Anthony J., "Law’s Duct Tape? Using Public Nuisance to Fix the Holes in Administrative Law" (2022). Online Publications. 71.
https://larc.cardozo.yu.edu/faculty-online-pubs/71