July 15, 2008
Sebok on Rhode Island Lead Paint Decision
Sebok calls the decision "a model of common law reasoning," and concludes that the decision added to the law of public nuisance in two important ways: (1) by noting that "the definition of “public right” (the second element in the test for public nuisance) does not refer broadly to any interest shared by all persons in a society," and (2) by holding that "that the law of public nuisance requires not only that the defendant be a substantial cause of the interference, but that the defendant still be in control of the instrumentality that caused the interference at the time when the suit is brought."
Read his thorough analysis over at Findlaw.
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» Sebok on Rhode Island lead paint decision from PointOfLaw Forum
Finishing up his three-part series for FindLaw, in which he calls the Rhode Island court's dismissal of the lead paint case "the right answer for the right reasons", the Cardozo lawprof singles out perhaps the most important point that distinguishes... [Read More]
Tracked on Jul 21, 2008 3:16:46 AM