In Re Lead Paint Litigation

Summary

The Supreme Court of New Jersey held that the municipalities and counties could not state a claim based on the common law tort of public nuisance and therefore reversed the Appellate Division, remanding for dismissal of the complaints. The Court reasoned that the Lead Paint Act and the Product Liability Act demonstrate legislative intent to preclude such tort claims, and that the plaintiffs lacked the required special injury and control elements. A dissent argued that the public nuisance doctrine should be applied to hold manufacturers liable.