City of St. Louis v. Benjamin Moore & Company, et al.

Case Updates

Agreeing with NCLC, the Missouri Supreme Court reaffirmed that plaintiffs, including governmental entities, must demonstrate individual causation in public nuisance actions.

Urging the Missouri Supreme Court to reaffirm that plaintiffs must demonstrate individual causation in public nuisance actions, NCLC filed a brief describing efforts by the plaintiffs’ bar to expand the public nuisance tort beyond its traditional boundaries. In this lead paint abatement action, the City of St. Louis is attempting to follow the plaintiffs bar’s lead by seeking a reduced standard for the proof of individual causation. Instead of demonstrating that the defendant in fact sold lead paint to homeowners in St. Louis, the city would like to rely on a theory of market share liability. In 1984, the Missouri Supreme Court properly rejected such an approach as it applies to private plaintiffs. In its brief, NCLC makes clear that no justification exists for treating governmental entities any differently.