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Litigation based on this tort has grown exponentially – and needs to be governed by clear and reasonable standards.

Before the industrial revolution, the tort of public nuisance was easily understood and reasonably applied. Over the past few decades, new technologies and manufacturing processes evolved. The new processes entailed new techniques, substances, waste disposal methods and habits. Public nuisance litigation adapted to deal with these issues and ultimately evolved to encompass the new problems. Plantiffs’ counsel are now using the tort far beyond its traditional limits and expectations – often involving large cities, regions, coastal areas and water supplies.
Continue Reading Civil Justice Playbook: The Growing Need for Public Nuisance Standards

Jeffrey Martin and Paul Mastrocola are co-chairs of the business litigation and dispute resolution group at Burns & Levinson. Both are seasoned trial attorneys who know that litigation is sometimes the only option – but certainly not in every case. They often advocate meditation, arbitration or other forms of alternative dispute resolution, always with the goal of efficient and cost-effective outcomes that satisfy all parties involved. The interview has been edited for length and style.
Continue Reading Finding the Optimal Path to Dispute Resolution

What do you think of when someone says Delaware? For many people, one word comes to mind: business. That’s where numerous companies are incorporated. If they didn’t already have “First State” on their license plate (Delaware was first to sign the U.S. Constitution), they could just print “The Business State” and people would know where they’re from. 
Continue Reading Civil Justice Playbook: Delaware’s Lawsuit Climate Gets Chillier

Article by David Hechler

There was an early television show called Naked City, and it always ended with this voice-over: “There are eight million stories in the naked city. This has been one of them.” There must be more than eight million in the civil justice litigation docket. Here’s one that highlights an important trend by veering the other way.Continue Reading Civil Justice Playbook: The Exception Highlights the Trend