Suing the Tobacco and Lead Pigment Industries: Government Litigation as Public Health Prescription

Contents

contents Introduction 1 part i: the tort system’s early responses to product-caused diseases Chapter 1. The Morning after the Consumer Century 13 Chapter 2. Product-Caused Diseases Confront the Law of the Iron Horse 32 Chapter 3. The First Wave of Challenges to the Individual Causation Requirement 54 part ii: public products litigation as a response to regulatory failure Chapter 4. The Seeds of Government-Sponsored Litigation 83 Chapter 5. A Failure of Democratic Processes? Legislative Responses to the Public Health Problems Caused by Tobacco and Lead Pigment 104 Chapter 6. The Government as Plaintiff: Parens Patriae Actions against Tobacco and Gun Manufacturers 120 Chapter 7. Judicial Rejection of Recovery for Collective Harm: Public Nuisance and the Rhode Island Paint Litigation 138 part iii: a critique of public products litigation Chapter 8. Do Litigation Remedies Cure Product-Caused Public Health Problems? 171 Chapter 9. Impersonating the Legislature: State Attorneys General and Parens Patriae Products Litigation 192 Conclusion 215 Notes 231 Selected Bibliography 281 Index 299 ...