In Re Lead Paint Litigation

Summary

The Supreme Court of New Jersey held that the municipalities and counties could not maintain a public‑nuisance action against lead‑paint manufacturers because the claim does not satisfy the traditional elements of the tort and is barred by the Lead Paint Act and the Product Liability Act; the Court reversed the Appellate Division and remanded for entry of judgment in favor of the defendants. The dissent argued that the public‑nuisance doctrine should be applied to shift abatement costs to manufacturers.