New Jersey Appellate Panel: Public Nuisance Against Lead Defendants Valid

摘要

In November 2002, Middlesex County Superior Court Judge Marina Corodemus dismissed the plaintiffs' cases, saying the separation of powers doctrine and the state's products liability act precluded the lawsuit. In May 2003, the municipalities appealed to the Superior Court Appellate Division. The plaintiffs contended that they stated a viable claim for public nuisance based on the presence of lead paint in old housing stock; that proper statutory construction mandates a finding that the Legislature did not preempt the plaintiffs' proposed action; that the separation of powers doctrine was not violated; that the claims were not barred by the commerce clause; that remoteness is no bar to their claims; that they stated a valid claim for unjust enrichment; that they stated a valid claim for fraud; and that their civil conspiracy claim was also valid.