We are charged with vague common law offenses: conspiring to cause a public nuisance, as well as inciting others to cause a public nuisance and inciting others to incite others to cause a public nuisance.
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Law professor Benny Tai, 54, sociology professor Chan Kin-man, 59, and retired pastor Chu Yiu-ming, 74, face three charges of conspiracy to commit public nuisance, incitement to commit public nuisance, and incitement to incite public nuisance.
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The protest leaders dubbed "the Occupy trio" - law professor Benny Tai, sociology professor Chan Kin-man and Reverend Chu Yiu-ming - were each charged with conspiracy to commit public nuisance, incitement to commit public nuisance and incitement to incite public nuisance.
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They pleaded guilty to causing a public nuisance and apologized.
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It also includes a charge of creating a public nuisance.
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The three were convicted of conspiracy to commit public nuisance.
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Law professor Benny Tai, 54, retired sociologist Chan Kin-man, 59, and retired pastor Chu Yiu-ming, 74, face charges of conspiracy and incitement to commit public nuisance, and incitement to incite public nuisance.
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Veolia North America is charged with negligence, fraud and public nuisance.
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Lockwood, Andrews & Newman (LAN) is charged with negligence and public nuisance.
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The Amsterdam city government says the contraptions are a public nuisance.
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They eventually faced a reduced charge of causing a public nuisance.
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" The state essentially argued that Johnson & Johnson was a "public nuisance.
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The plaintiffs are also allowed to proceed on a "public nuisance" claim.
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Everywhere else, the SoundWear will have you feeling like a public nuisance.
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They were each found guilty of at least one public nuisance charge.
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The charges listed in the lawsuit include professional negligence, public nuisance, and fraud.
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"This is an interesting twist on the idea of public nuisance," Tobias said.
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The individual, Ivan Ip, was accused of conspiracy to commit a public nuisance.
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The charges listed in the lawsuit include professional negligence, public nuisance and fraud.
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J&J denies wrongdoing and believe Oklahoma's sole "public nuisance" claim is baseless.
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Public nuisance: Companies endangered communities by oversupplying opioids, similar to charges of pollution.
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Tai and Chan were also found guilty of incitement to commit public nuisance.
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A judge ruled that there was no clear evidence of a public nuisance.
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In public nuisance cases, the plaintiffs dont have to prove harm to specific people.
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In public nuisance cases, the plaintiffs don't have to prove harm to specific people.
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Additionally, public nuisance law makes clear that damages are available only for past harm.
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Mr. Tai and Mr. Chan were also convicted of incitement to commit public nuisance.
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Aside from the public nuisance caused by inconsiderate users, vandalism and theft are also rife.
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But this camping out has to stop, because it had crossed over into public nuisance.
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The decision: The Supreme Court held 5-4 that the Public Nuisance law was unconstitutional.
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The "public nuisance" approach was a risky argument for the state of Oklahoma to make.
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In San Diego, one 63-hour restroom was removed after it became a public nuisance.
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"The problem deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case," he said, according to AP. The judge was also skeptical about using the public nuisance argument to address climate change.
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You cited the case of three protesters convicted for creating a public nuisance at Speakers' Corner.
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Scores of activists have been jailed on various charges including contempt of court and public nuisance.
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And public nuisance is not a theory the judges should employ in these kind of cases.
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In these cases, the local governments are claiming fossil fuel producers have created a public nuisance.
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He spent a few months in prison this year after being convicted on public nuisance charges.
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Huston agreed to plead no contest to two misdemeanors -- public nuisance and resisting a peace officer.
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Professor Jean Eggen: It'd be a public nuisance [complaint], because it's brought by a public entity.
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I read the complaint as claiming public nuisance generally, but probably relying on state common law.
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California jurisdictions are the first to have a public nuisance verdict upheld against former lead paint manufacturers.
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At the hearing, the crown court judge noted that the defendant had been a "persistent public nuisance".
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Local governments along the California coast have filed five cases under the centuries-old "public nuisance" doctrine.
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The group of me were not charged, after pleading guilty to causing a public nuisance and apologising.
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During the past 40 years, plaintiffs' attorneys have campaigned to reinvent the ancient tort of public nuisance.
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The Oklahoma case focused on one defendant — Johnson & Johnson — and one claim of creating a public nuisance.
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" Furthermore, these lawsuits fail nearly every element of a public nuisance tort: First, production is not "unauthorized.
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The three men pleaded not guilty on Monday to a charge of conspiracy to commit public nuisance.
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Maybe so, in Oklahoma, where years of legal business conduct can later be declared a public nuisance.
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But the other side of that is, there are state tort claims for nuisance, including public nuisance.
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Like the lawsuits filed in California and Rhode Island, the cases in Colorado invoke public nuisance law.
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In Hong Kong activists in the pro-democracy Umbrella movement went on trial for causing a public nuisance.
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The company also said Oklahoma failed to show that its products and activities had created a public nuisance.
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He also faces another charge of public nuisance after holding a one-man anti-government protest last year.
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In essence, the cities sought damages from climate change, which they claimed was a form of public nuisance.
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Morrisey's argument centers on similar claims made against Johnson & Johnson in Oklahoma — that it created a public nuisance.
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Deputy City Attorney Steve Houchin has filed public nuisance civil charges against four Hollywood Hills homeowners since October.
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Mr. Robert remained in custody on Thursday evening, charged with causing a public nuisance, according to the police.
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Earlier this month, a North Dakota judge dismissed that state's case against Purdue, including its public nuisance claim.
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Charges Professor Chan Kin-man, one of the organizers of the Occupy Central protests -- a civil disobedience campaign and precursor to the Umbrella Movement -- told CNN that he and two other organizers, Benny Tai and Reverend Chu Yiu-ming, were facing charges of public nuisance and incitement to public nuisance.
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The encampment "is hereby declared as a public nuisance," the city's Department of Public Health said in its order.
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In 2014, six people were charged with creating a public nuisance while protesting against a compulsory tax savings scheme.
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But, prosecuting using this law suggests that upskirting is more of a "public nuisance" rather than a sexual offence.
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After nearly three weeks, authorities broke up the demonstration, arresting 73 people on unlawful assembly and public nuisance charges.
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He was later charged with two counts of stealing and one count each of public nuisance and obstructing police.
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Public nuisance cases against former lead paint makers have failed in other states, including Rhode Island, Illinois and Missouri.
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Toll has said the club was forced to shut down altogether because it had been declared a public nuisance.
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Instances like the absence of any public nuisance or a low likelihood of re-offense would warrant outright dismissal.
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Smoot later pled guilty to disorderly conduct and being a public nuisance on a watercraft stemming from the incident.
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Investigating whether Uber and Lyft are a public nuisance in the city is an unusual approach for San Francisco.
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In another set of lawsuits, cities, states, and local governments are suing oil companies for posing a public nuisance.
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It went from cool new game to public nuisance far too quickly for the general response to be any different.
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Lawyers for the company disputed the legal basis Oklahoma used to sue J&J, relying on a "public nuisance" claim.
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The three protesters were convicted of creating a public nuisance, for disrupting a public event being held in the park.
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The drawback is that piles of bikes from bike-sharing startups have become a public nuisance in some Chinese cities.
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Pro-democracy lawmaker Shiu Ka-chun and activist Raphael Wong were both jailed for eight months for inciting public nuisance.
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Doseck added that the group's social media presence shows it intends to create a public nuisance by holding the rally.
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In these public nuisance lawsuits, the plaintiffs believe they have a better shot of winning their cases in state courts.
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The police confirmed a 22-year-old man was arrested on Tuesday on suspicion of conspiracy to cause public nuisance.
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Since this case was based on Oklahoma's version of "public nuisance" law, it cannot simply be replicated in other states.
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Numerous cities and local governments are still suing the company for contributing to climate change, many invoking public nuisance statutes.
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They allege that energy manufacturers create a "public nuisance" by emitting greenhouse gases and are liable for the damages this causes.
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"This judgment is a misapplication of public nuisance law that has already been rejected by judges in other states," added Ullmann.
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The Oklahoma attorney general office's use of public nuisance was seen as an unusual strategy by legal analysts and J&J.
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Johnson & Johnson and its subsidiary company, Janssen Pharmaceuticals, have vehemently denied the allegations and said the public nuisance accusation is being misused.
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Series of photographes created by photographing plastic bags Series of photographes created by photographing plastic bags Plastic bags are a public nuisance.
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Lawyers for New Jersey-based J&J have said the case rested on a "radical" interpretation of the state's public nuisance law.
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Johnson & Johnson attorney John Sparks disputed the legal basis Oklahoma is using to sue J&J, relying on a "public nuisance" claim.
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It's crappy to charge the sick more for coverage, but it's not the sort of public nuisance that the courts will abate.
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An outright ban has so met with overwhelming support, unsurprisingly, as alcohol has long been associated with public nuisance in these villages.
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But the state's lawyers said applying the state's public nuisance statute to the epidemic was not an unprecedented expansion of the law.
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Historically, the scope of public nuisance liability has expanded when legislatures and administrative agencies failed to provide meaningful safeguards against environment harms.
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Lawyers for New Jersey-based J&J have said the case rests on a "radical" interpretation of the state's public nuisance law.
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Six others, including two lawmakers, are also facing public nuisance charges in a trial that is expected to last around 20 days.
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The Charlotte Observer described Maxine Doyle Perkins as a "public nuisance" — a "hopeless homosexual" born a male named Max who dressed female.
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A lawyer for the state, Mike Burrage, argued that Oklahoma's public nuisance law includes interference with the public's health and safety rights.
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The judge determined that J&J's "false and misleading" marketing of opioid products made the company liable under Oklahoma public nuisance law.
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Because opioids have a legitimate medical purpose, observers said, it will be interesting to see if the public nuisance theory holds up.
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Cincinnati sued Vision last week, accusing it of engaging in a civil conspiracy, causing a public nuisance and contributing to urban blight.
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" On Thursday, the tension escalated when five of the group's activists were arrested on "suspicion of conspiracy to commit a public nuisance.
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She explained that there isn't a federal statute around public nuisance, which is why these cases tend to fall apart federal courts.
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Thirty-four-year-old Karl Zimmermann Mayo, of Minneapolis, entered the plea for creating a public nuisance Monday in Hennepin County District Court.
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The law establishes no penalties for violators, though legal experts and lawmakers suggested charges could be issued under trespassing or public nuisance statutes.
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Their cases, which were over a range of public nuisance offenses, dragged on for years, draining energy from the pro-democracy protest movement.
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Santa Clara County recently filed another public nuisance case against opioid pill manufacturers, and similar cases are popping up with increasing frequency nationwide.
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They only played three times, and all their performances were shut down by the police for noise violations and being a public nuisance.
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"Reliable, affordable energy is not a public nuisance but a public necessity," said R. Hewitt Pate, vice president and general counsel for Chevron.
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And more than 40 states currently have lawsuits using a similar "public nuisance" strategy against various pharmaceutical companies, according to the Washington Post.
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A spokeswoman for London's Metropolitan Police said seven women and three men had been arrested on suspicion of conspiracy to cause public nuisance.
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Nine activists including lawmakers and university professors are now facing public nuisance charges stemming from the massive pro-democracy "Occupy Central" protests in 2014.
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Oklahoma claims the companies' actions created an oversupply of painkillers and a public nuisance that will cost $12.7 billion to $17.5 billion to remedy.
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Marin and San Mateo counties and Imperial Beach, California, in July brought similar public nuisance and failure to warn lawsuits alleging climate change impacts.
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The Reuters report noted that in 2014 six people were charged with creating a public nuisance while protesting against a compulsory tax savings scheme.
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The problem with this law, says Martin, is that it suggests acts of sexual harassmentâ€"like upskirtingâ€"are "a public nuisance," not sexual offences.
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The lawsuit, which seeks damages and legal penalties from the companies, cites eight alleged offenses including failure to warn the public and public nuisance.
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The lawsuit, which seeks damages and legal penalties from the companies, cites eight alleged offenses including failure to warn the public and public nuisance.
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The public nuisance charge to which the men pleaded guilty is punishable by a fine of $96, but no jail time, Mr. Aizuddin said.
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Demonstrators have been camping outside the governor's residence since July 7, but 46 people were arrested on Tuesday for public nuisance and unlawful assembly.
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The Oklahoma lawsuit claims the companies violated Oklahoma's Medicaid False Claims Act as well as the Consumer Protection Act and created a public nuisance.
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Los Angeles reporter Chris Wolfe says that neighbors are going to meet with local police and potentially file a public nuisance class action lawsuit.
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Law professor Benny Tai, 54, and retired sociologist Chan Kin-man, 60, were each jailed for 16 months for conspiracy to commit public nuisance.
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Khaled Mahmud, Cox's Bazaar assistant district magistrate, said the city had convicted 170 people for causing "public nuisance" in connection with smuggling activities since August.
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Oklahoma prosecutors claim the companies' actions created an oversupply of painkillers and a public nuisance that will cost $12.7 billion to $17.5 billion to remedy.
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" Scott Partridge, Monsanto's vice president of global strategy, in a statement called the decision "a victory for all organizations threatened by dangerous public nuisance lawsuits.
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The 9 leaders of Hong Kong's pro-democracy protests were found guilty Tuesday by a court in the Chinese territory of charges including public nuisance.
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The lawsuit at the heart of the trial accuses Johnson & Johnson and its subsidiaries of creating a "public nuisance" and costing Oklahoma billions of dollars.
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Plaintiffs' demands for billions of dollars to abate the opioid crisis, for example, are based on a theory that prescription opioids constitute a public nuisance.
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Twenty-six adults were arrested on charges ranging from disorderly conduct to unlawful assembly to public nuisance, Steve Linders, a St. Paul police spokesman said.
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In 2014, the number of incidents was only 1, indicating that the commercial success of the devices has brought with it a growing public nuisance.
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The idea isn't to ban them, but rather to ensure there are rules and regulations around scooters, and that they don't cause a public nuisance.
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It said it disagreed with what it called Oklahoma's "overly expansive theories" of public nuisance law, and said they should not apply in this situation.
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Under centuries-old theories of liability, you should be allowed to sue both the manufacturer and the dealer for torts like negligence and public nuisance.
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Both offenses have something of public nuisance hanging over them, which is not the way the problem is necessarily experienced by someone subject to it.
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The plan still offers exceptions: People with a recent criminal record or who smoke in a way that creates a public nuisance would be prosecuted.
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The state claims the companies' actions created an oversupply of painkillers and a public nuisance that will cost $12.7 billion to $17.5 billion to remedy.
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Benny Tai, Chan Kin-man and Reverend Chu Yiu-ming were among nine defendants found guilty of a range of public nuisance offenses on Tuesday.
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The trio were found guilty of conspiracy to commit public nuisance over their leading role in planning and mobilizing supporters during the 79-day protest.
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He claims the company acts like a drug "kingpin" and created a public nuisance that cost the state billions of dollars and destroyed thousands of lives.
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Much of the fight will center on novel legal theories claiming these firms created a public nuisance, and therefore should pay to clean up the mess.
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Days before the commemoration, 229 protesters – including Umbrella Movement student leaders Joshua Wong and Nathan Law – were arrested on "public nuisance" charges while staging a demonstration.
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Days before the commemoration, 20 protesters – including Umbrella Movement student leaders Joshua Wong and Nathan Law – were arrested on "public nuisance" charges while staging a demonstration.
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Reggie Whitten, another lawyer for the state, said the companies' actions created a public nuisance that will cost nearly $13 billion to remedy over two decades.
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Lawyers for New Jersey-based J&J argued in court papers that the state's case rests on a "radical" interpretation of the state's public nuisance law.
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The 103-page lawsuit by state Attorney General Christopher Porrino accused Purdue of engaging in unconscionable commercial practices, making false claims and creating a public nuisance.
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In a separate incident early Sunday in St. Paul, 52 people were arrested for unlawful assembly and public nuisance after protesting in the street, Linder says.
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They face allegations by Oklahoma's attorney general that they created the public nuisance of a costly addiction crisis by aggressively marketing and selling opioid pain drugs.
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The neighbors told KTLA they were meeting with city leaders and police to possibly file a public nuisance class action lawsuit against the social media star.
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For example, public nuisance claims succeeded in cases involving water and air pollution in the 19th century when agencies protecting the environment did not yet exist.
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And while official tallies of coal rolling do not exist, there are signs that smoke, whether from intentional belching or not, is a growing public nuisance.
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Johnson & Johnson also appealed that decision, arguing that there was not a proper legal basis for Oklahoma to file a "public nuisance" claim against the company.
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The state also alleges the companies' actions created an oversupply of painkillers and a public nuisance that will cost $12.7 billion to $17.5 billion to remedy.
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Cities argued that gun purveyors created a public nuisance by failing to take reasonable steps to prevent their weapons from getting diverted into the illegal market.
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Slowly, however, the number of chili queens dwindled, and in 1937 the city council shut down the party for good, citing health hazards and public nuisance.
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The case: The 1925 Public Nuisance Bill, also known as the "Minnesota gag law," allowed judges to close down newspapers that were deemed obscene or slanderous.
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Oklahoma recently jettisoned most of its claims to concentrate on just one — that the companies violated the state's public nuisance law, creating a substantial health harm.
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Public nuisance laws, which are centuries old, were invoked when something interfered with a right common to the general public, traditionally roads, waterways or public spaces.
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Some scholars were sceptical of the prosecution's novel interpretation of what counts as a public nuisance, a misdeed typically associated with polluters or owners of brothels.
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Many of the suits allege that Exxon has created a public nuisance with its products by exacerbating problems like sea level rise that threaten coastal cities.
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A 2008 lawsuit by an Alaska village, for example, was dismissed because the federal court ruled that the Clean Air Act overrode any public nuisance claim.
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A 28500 lawsuit by an Alaska village, for example, was dismissed because the federal court ruled that the Clean Air Act overrode any public nuisance claim.
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On Tuesday, police arrested a 22-year-old man who was the administrator of a Telegram group for "conspiracy to commit public nuisance," police confirmed to CNN.
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Ullmann, the J&J general counsel, in his statement faulted Oklahoma for attempting a "misapplication of public nuisance law" that judges in other states had already rejected.
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A judge in Oklahoma ruled that Johnson & Johnson had broken the state's "public nuisance" law with its aggressive marketing of opioids and ordered it to pay $572m.
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Yes, he says, Johnson & Johnson and its subsidiary Janssen Pharmaceuticals created a public nuisance and should pay more than $572 million to fix the problem it created.
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In contrast to public nuisance, private nuisance under state common law requires an unreasonable interference with a private person's use and enjoyment of his/her/their property.
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I cant think of another public nuisance judgment where defendants turned around and said recipients of the damages should be disqualified because they are to blame, he said.
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"I can't think of another public nuisance judgment where defendants turned around and said recipients of the damages should be disqualified because they are to blame," he said.
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Hillsborough, California called the town's famed "Flintstone House" is a "public nuisance," and said that the owner lacked permits for additions to the property in a recent lawsuit.
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There's also something to be said for the latitude given to teenage girls to simply be a public nuisance, when that freedom has disproportionately been granted to boys.
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Police arrested three men and two women from the group on Thursday on suspicion of conspiracy to commit a public nuisance in relation to operations at the airport.
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J&J's appeal will doubtless center on Oklahoma's public nuisance law, wielded deftly by Oklahoma Attorney General Mike Hunter and outside counsel from Whitten Burrage and Nix Patterson.
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The state has accused Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals, of creating a public nuisance that cost the state billions of dollars and destroyed thousands of lives.
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The testimony was a remarkable plot twist for the rap star, who had spent the entirety of his short career cultivating a brand as an unrepentant public nuisance.
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It called her a "convicted criminal", citing her suspended sentence handed down in June after she was found guilty of inciting public nuisance during 2014 pro-democracy protests.
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They include: that the companies conspired; committed fraud; were negligent; violated public nuisance laws — this last being a relatively recent, novel way for communities to redress health crises.
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In a statement, the Hong Kong police's Cybersecurity and Technology Crime Bureau said he had been arrested because he was suspected of conspiracy to cause a public nuisance.
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The plaintiffs argued that fossil fuel companies are creating a public nuisance by mining and marketing products that emit greenhouse gases, and should be liable for the impacts.
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Hong Kong (CNN)Nine leaders of Hong Kong's 2014 pro-democracy street protests have been charged with public nuisance offences more than 27 months after the "Umbrella Movement" ended.
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Since the fossil fuel giants contributed to this "public nuisance," the complaint says, they should chip in to help the cities prepare for the threats of a warmer future.
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The suit makes claims of public nuisance under state laws and ensures "the interests of the people of the State of California are fully represented," according to Harris' office.
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Demosisto, the political party of Law and Wong, said all its activists had been arrested on public nuisance offenses after they repeatedly ignored police requests to leave the square.
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The men had initially pleaded guilty to a public nuisance offense, but judge Harith Sham Mohamed Yasin of the Sepang Sessions Court dismissed the charge with a stern warning.
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On Wednesday the office of Henry County Prosecuting Attorney Richard Shields charged Widger, 37, with possession of methamphetamine with intent to deliver and maintaining a public nuisance, PEOPLE confirms.
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In March 2019, Hillsborough filed a complaint against Fang, alleging that she did not have proper permits for her additions to the property, and calling it a "public nuisance."
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Likewise, if a person buys property near an established shooting range, the person may not bring a lawsuit claiming that the range is a public nuisance and must close.
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"Three women and six men aged between their 234s and the 22014s have been arrested on suspicion of conspiracy to commit a public nuisance," the Met Police said today.
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Tuesday's testimony was a remarkable plot twist for 6ix9ine — born Daniel Hernandez — who had spent the entirety of his short career cultivating a brand as an unrepentant public nuisance.
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State regulators sued Sterigenics' Willowbrook facility for public nuisance, but the state did not argue that Sterigenics exceeded the limits of ethylene oxide allowed by the state EPA's permit.
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Whereas Manhattan prosecutors would generally decline to bring charges in cases of public smoking, Brooklyn officials signaled they would keep prosecuting cases in which smoking created a public nuisance.
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Exxon is also a defendant in lawsuits initiated by several cities, one county, and a state alleging that the company contributed to climate change, which poses a public nuisance.
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"(However), the problem deserves a solution on a more vast scale than can be supplied by a District Judge or jury in a public nuisance case," Judge Alsup said.
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HONG KONG (Reuters) - Legislator Tanya Chan was handed a suspended sentence on Monday after she was found guilty of inciting public nuisance during the 2014 pro-democracy "Occupy" movement.
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In September, cities including San Francisco and Oakland filed separate lawsuits against five oil companies using the "public nuisance" doctrine, seeking billions of dollars to protect against rising sea levels.
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The lawyers called J&J an opioid "kingpin" and argued that its marketing created a public nuisance as doctors over-prescribed the drugs, leading to a surge in overdose deaths.
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A court in Hong Kong handed down prison sentences of up to 19973 months Wednesday to eight leaders of massive 2014 pro-democracy protests on charges of public nuisance offenses.
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The lawsuit said the pipeline is a common law public nuisance and violates the Michigan Environmental Protection Act because it is likely to pollute water and hurt other natural resources.
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GREY-HAIRED REBELS Asked what laws were acceptable to break as part of civil disobedience, Yamin pointed to arrests of Extinction Rebellion activists for trespass, public nuisance and serious disruption.
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The protesters were led by former "Umbrella Movement" leaders Joshua Wong and Nathan Law, both of whom were carried off the square by police and arrested on public nuisance offenses.
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Most aspects of public nuisance law and other tort law remain state, not federal, law, and beyond the control of the president and, in most instances, even the Supreme Court.
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The plaintiffs in that case will pursue a similar strategy, arguing that drug companies created a public nuisance by misrepresenting the risks associated with the long-term use of opioids.
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For instance, in Minnesota, a House panel passed a bill that would permit cities to charge protesters for police work if they were convicted of illegal assembly or public nuisance.
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The theory — that J & J violated public nuisance law — is also being raised in the first federal cases to go to trial in Cleveland, Ohio, currently set for Oct. 21.
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The cities had relied on the area of public nuisance under state common law, which allows courts to hold parties responsible for actions that interfere with the use of property.
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On Thursday, the Metropolitan Police said in a statement that they had arrested five people on suspicion of conspiracy to commit a public nuisance in relation to operations at Heathrow.
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The state's lawyers argued the company's opioid marketing campaign amounted to a violation of the state's public nuisance law through aggressive advertising and attempts to minimize the drugs' addictive potential.
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"Some states have very weak public nuisance laws," said Healton, who previously ran the American Legacy Foundation, the organization created by the massive tobacco master settlement agreement in the 1990s.
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Most states espouse a common-law understanding of public nuisance that is much narrower than the relevant statute in Oklahoma, notes Richard Ausness of the University of Kentucky Law School.
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"Oklahoma's public nuisance law predates statehood, and it has historically been used for those rare times when a company refuses to clean up a mess it has created," Gerszewski said.
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In all, 141 people were arrested on various charges including conspiracy to endanger by fire or explosion, engaging in a riot and maintaining a public nuisance, the sheriff's department said.
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In suing to abate the continuing "public nuisance" exacerbated by opioids, Oklahoma said it would need $17 billion over 30 years to address drug treatment, pain management and prevention education.
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The state said J&J's sales practices created an oversupply of the addictive painkillers and "a public nuisance" that upended lives and would cost the state $12.7 billion to $17.5 billion.
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The company's sales practices created an oversupply of the addictive painkillers and "a public nuisance" that upended lives and will cost the state $12.7 billion to $17.5 billion, the state says.
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In fact, in April of this year, nine democracy activists were convicted by a Hong Kong court on public nuisance charges for their participation in leading the protests five years ago.
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" Matthew Pawa, a lawyer for the city, said the oil companies had contributed to a "public nuisance" under state law, defined as "an unreasonable interference with rights common to the public.
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By declaring that the health and safety problems in public housing constitute a public nuisance, the executive order, pursuant to state public health law, obligates the city to cover those costs.
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Because much of the law of public nuisance is vague and malleable, the courts can use an expanded interpretation of that tort to fill the void left by a neutered EPA.
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The cities are currently appealing the ruling, but more cities are filing their own suits on grounds that the greenhouse gas emissions lead to climate change which poses a public nuisance.
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An unprecedented cascade of prosecutions followed, with the pro-democracy movement's top leaders arrested and jailed on dubious charges ranging from contempt of court to conspiracy to cause a public nuisance.
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The PLCAA, which the National Rifle Association supported, largely ended these types of challenges by providing explicit legal protections to gun manufacturers and sellers against negligent marketing and public nuisance claims.
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Hong Kong: Nine democracy activists were convicted on Tuesday on public nuisance charges for their roles in the Umbrella Movement protests that swept the city five years ago, demanding electoral reform.
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For the brief, Alsup noted that the source of Oakland and San Francisco's complaint is that rising sea levels due to greenhouse gases from burning fossil fuels constitutes a public nuisance.
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The pro skater appeared in court Wednesday to face a slew of criminal charges -- including disturbing the peace, resisting arrest, public nuisance and trespassing -- and hashed out a deal with prosecutors.
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Federal courts, like Alsup's, are less favorable to lawsuits like San Francisco and Oakland's, which contend that fossils fuel companies are liable for damages because they've created a public "nuisance," said Carlson.
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Oklahoma Attorney General Mike Hunter claims J&J's sales practices created an oversupply of opioids and "a public nuisance" that upended lives and will cost the state $12.7 billion to $17.5 billion.
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Hunter said he would continue to bring a public nuisance claim against J&J and Teva but was dropping five other claims, including that they violated the Oklahoma Medicaid False Claims Act.
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The state claims J&J's actions created an oversupply of painkillers and a public nuisance that will cost $12.7 billion to $17.5 billion to remedy over the next 20 to 30 years.
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The resolution marks a rare success for a public nuisance claim, under which counties and municipalities can sue corporations for past activities - including those conducted decades ago - they say have harmed communities.
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Scores of activists have been jailed on various charges including contempt of court and public nuisance, with critics saying Hong Kong authorities were prosecuting them to stifle freedom of expression and assembly.
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Superior Court Presiding Justice Alice Gibney in Providence rejected the companies' arguments that Rhode Island Attorney General Peter Neronha could not under that state's laws sue them for creating a public nuisance.
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NOTE: This story has been corrected to clarify that a federal judge denied Monsanto's motion for summary judgment with regard to public nuisance claims solely by the Port District of San Diego.
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In Brisbane this month, a man was charged with a public nuisance offense, accused of having punched the godson of former Prime Minister Kevin Rudd, a "yes" campaign supporter, in the face.
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Judge Thad Balkman found Johnson & Johnson (J&J) guilty of creating a "temporary public nuisance" by contributing to the opioid epidemic which has claimed the lives of some 6,000 Oklahomans since 2000.
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They also hope that federal courts will rule that federal law displaces the plaintiffs' central legal theory, that the companies can be held responsible under state law for creating a public nuisance.
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"I don't see today's ruling as having any real effect on the other climate litigation involving municipalities alleging that oil companies created a public nuisance," UCLA law professor Ann Carlson tells Axios.
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Besides suing the government, several counties and cities are seeking damages from coal, oil, and gas companies for contributing to climate change, which they say pose a public nuisance to these jurisdictions.
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The state claims that J&J's actions created an oversupply of painkillers and a public nuisance that will cost $12.7 billion to $17.5 billion to remedy over the next 20 to 30 years.
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Hunter said the decision to refocus the case around the single claim that the companies caused a public nuisance that needs remediated will obviate efforts by the companies to delay the upcoming trial.
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Los Angeles County said Monsanto had long concealed its knowledge that PCBs were harmful, and created a public nuisance because their presence interferes with commerce, fishing, navigation, swimming and other water-based activities.
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SYDNEY (Reuters) - An Australian detective interrupted his own news conference to complete a textbook tackle of a man now charged with public nuisance and stalking offences, prompting widespread praise for his sporting skills.
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On April 24, eight other leaders of the 2014 protests in Hong Kong were sentenced to various prison terms under an unusually harsh interpretation of an outdated and rarely used public-nuisance law.
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"The problem deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case," Judge Alsup wrote in a 16-page opinion.
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" Johnson & Johnson argued in its filing that the state's case was flimsy, saying that the public nuisance accusation is based on "radical theories unmoored from more than a century of Oklahoma case law.
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In its filing, Johnson & Johnson maintained it did nothing wrong and said the state took "potshots at stray promotional statements plucked from three decades" of material to create a wild public nuisance theory.
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It turns out that Big Oil is trying to turn the tables on Big Government when it comes to a series of public nuisance lawsuits filed by California cities and counties last year.
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Chan, 47, who was also found guilty of inciting others to create public nuisance, received a suspended sentence of eight months to two years as the judge took into account a medical condition.
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The state's lawyers called J&J an opioid "kingpin" and argued that its marketing efforts created a public nuisance as doctors over-prescribed the drugs, leading to a surge in overdose deaths in Oklahoma.
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Why in the world would a gubernatorial candidate in Virginia involve himself in a controversy over an obelisk several hundred miles away, one that New Orleans City Council in 1993 declared a public nuisance?
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The state's lawyers called J&J an opioid "kingpin" and argued that its marketing efforts created a public nuisance as doctors over-prescribed the drugs, leading to a surge in overdose deaths in Oklahoma.
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Cleveland County District Judge Thad Balkman denied a motion to toss the lawsuit, which accuses Johnson & Johnson and its subsidiaries of creating a public nuisance and costing the state of Oklahoma billions of dollars.
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In response to the companies' motion to dismiss the lawsuit, the cities on Thursday told U.S. District Judge William Alsup in San Francisco that their public nuisance claims are not precluded by federal statutes.
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In its filing Wednesday, Johnson & Johnson maintained it did nothing wrong and said the state took "potshots at stray promotional statements plucked from three decades" of material to create a wild public nuisance theory.
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A panel of code enforcement officials last fall declared many recent renovations to the home to be a public nuisance, according to a town order, and have asked a judge to do the same.
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Oklahoma Attorney General Mike Hunter accused Johnson & Johnson and its subsidiaries of creating a public nuisance with its alleged role in the opioid crisis, costing the state billions of dollars and destroying thousands of lives.
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Attorney General Mike Hunter has accused Johnson & Johnson and its subsidiaries of creating a public nuisance for its alleged role in the opioid crisis, costing the state billions of dollars and destroying thousands of lives.
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The state will seek to convince Cleveland County District Judge Thad Balkman to find that the companies created a public nuisance by using deceptive marking that downplayed their drugs' addictive risks while overstating their benefits.
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Lawyers for New Jersey-based J&J also contend in court papers that the state's case rests on "radical theories" disconnected from more than a century of court cases interpreting the state's public nuisance law.
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"The offense of conspiracy to cause a public nuisance does not have the undesirable effect of curtailing or suppressing civil disobedience at its formation stage or suppressing human rights as the defendants contended," it read.
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A district court judge sentenced law professor Benny Tai, 54, retired sociology professor Chan Kin-man, 60, and retired pastor Chu Yiu-ming, 75, to 16 months each for a range of public nuisance offenses.
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Except for two speeding tickets and a cryptic charge of "Public Nuisance-Interfere/Obstruct/Render Dangerous Public Road/Water," none involved safety—save to himself, with three citations for failing to wear a seat belt.
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A day after Lam's election, nine pro-democracy leaders of the Occupy Central protests received calls from the police saying that they will be charged with public nuisance, according to the Hong Kong Free Press.
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Six others including two legislators and two former student protest leaders were also charged with crimes related to public nuisance during the 2014 unrest, which brought parts of the city to a standstill for months.
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The company also has said that the state is seeking to stretch the bounds of a public nuisance statute in order to force J&J to pay up to $17.5 billion to remedy the crisis.
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On Thursday, the men — one of whom, Jack Walker, is an aide to a senior Australian cabinet minister — each pleaded guilty to creating a public nuisance and apologized, said one of their lawyers, Wan Aizuddin.
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Joshua Lipshutz, an attorney at the Gibson Dunn law firm who served as legal counsel for Chevron, has argued that climate change is a fundamentally different animal compared to past applications of public nuisance torts.
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Two professors, Benny Tai and Chan Kin-man, and a retired pastor, Chu Yiu-ming, who along with six others were convicted this month of public nuisance charges, were sentenced to 16 months in prison.
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" Johnson & Johnson argued in its final court filings that the state's case was flimsy, saying that the public nuisance accusation is based on "radical theories unmoored from more than a century of Oklahoma case law.
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There was a time when graffiti was perceived to be a scourge, a public nuisance made by outlaws who sprayed their work on subway cars then slipped into the shadows, occasionally pursued by the police.
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The plaintiffs maintain that the judge alone should hear the theory, which argues the drug industry has created a "public nuisance" affecting the health and well-being of the counties' citizens, which it must abate.
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The New York attorney general's office is seeking a permanent injunction against Juul and an order forcing the company to pay into an abatement fund to rid of the "public nuisance it caused," James said.
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If you "offend the senses" of the passersby, you're a public nuisance, which is a misdemeanor under the California penal code carrying a fine up to $0003,000 and/or jail time up to six months.
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Oklahoma Attorney General Mike Hunter has accused Johnson & Johnson and its subsidiaries of creating a public nuisance for its alleged role in the opioid crisis, costing the state billions of dollars and destroying thousands of lives.
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But the Alsup and Keenan decisions, in tandem, show how hard it will be for local governments to win climate change suits in federal court, even if their claims are based on state public nuisance laws.
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Mandatory drone registration and a massive national database of drone owners is already under way in the U.S. But simply knowing who owns what won't stop unmanned aerial vehicles from collisions or becoming a public nuisance.
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"The offence of conspiracy to cause a public nuisance does not have the undesirable effect of curtailing or suppressing civil disobedience at its formation stage or suppressing human rights as the defendants contended," the summary read.
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Brodwin: They're saying that Juul created what they call a, quote, unquote, "public nuisance" by having its devices not only be distracting for young people on school campuses but also potentially endangering their health and safety.
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He was arrested and appeared in a London court on Friday, where he pleaded guilty to causing a public nuisance and received a 20-week suspended sentence and a fine of 5,500 pounds, or about $7,000.
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A court is expected to rule today in the case of nine activists facing public nuisance charges over months of large pro-democracy protests in Hong Kong in 2014, symbolized by the umbrellas many protesters carried.
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HONG KONG — The leaders of a Hong Kong protest movement pleaded not guilty on Monday to public nuisance charges stemming from the pro-democracy demonstrations that disrupted the city for more than two months in 2014.
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The cases, which have generally been considered long shots, rely on the area of public nuisance under state common law, which allows courts to hold parties responsible for actions that interfere with the use of property.
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According to the lawsuit, filed in federal court and first reported by WCBS-TV, the program is a public nuisance and violates federal commerce laws that prevent one state from burdening another for its own interests.
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The big picture: Oklahoma maintained its verdict that J&J created a public nuisance by falsely promoting its opioids as safe and necessary, and J&J still plans on appealing the decision, despite the lower amount.
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The sentences came after nine leaders of the Occupy movement were found guilty of public nuisance during the protest in a trial that critics said underscored the decline of political freedoms in the former British colony.
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Instead, it was normally my routine to scan the jail database looking for young inmates who had been picked up for minor charges (trespassing, public nuisance, etc.), because this was most typical of the mentally ill population.
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In a decision late Monday, U.S. District Judge Edward Davila said the cities did not show that Monsanto's sale many decades ago of products containing polychlorinated biphenyls (PCBs) caused a public nuisance that damaged their property rights.
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Yet the glacial pace and complex twists in Californias lead paint case highlight just how difficult it can be to use the public nuisance strategy against corporations, even in a state whose courts are particularly consumer friendly.
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He was also arrested for "public nuisance" last week on the eve of Chinese President Xi Jinping's visit to Hong Kong, after he and 25 activists climbed up a symbolic golden flower statue that commemorates the handover.
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Yet the glacial pace and complex twists in California's lead paint case highlight just how difficult it can be to use the public nuisance strategy against corporations, even in a state whose courts are particularly consumer friendly.
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Corporate defense attorneys worry that more wins for local governments under the public nuisance doctrine could saddle businesses with huge and unpredictable liabilities, in some cases for decades-old actions they thought were safe at the time.
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The settlement represents a rare success for plaintiffs suing paint companies under the so-called public nuisance doctrine, which allows public entities to sue parties whose activities negatively impact broad communities by infringing upon a public right.
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Tuesday's subpoenas followed demands last June by the city attorney that Uber and Lyft turn over records on driving and business practices as part of an investigation to determine whether the companies had become a public nuisance.
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In separate suits filed on Monday, the districts argue that Juul created a public nuisance by intentionally marketing to kids; misrepresenting its products' nicotine content; and endangering teens' health, according to public documents that Business Insider viewed.
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Neighbors were debating whether to file a class-action public nuisance lawsuit against him, but Paul and Team 10 had moved out of the neighborhood and into a new home in Calabasas by October 2017 (pictured below).
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New Jersey's 103-page lawsuit filed in Essex County Superior Court accused Purdue of engaging in unconscionable practices, making false claims, and creating a public nuisance, costing the state hundreds of millions of dollars in prescription costs.
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The state attorney general then sued Republic Services, accusing the company of violating state environmental laws from the burning of chemicals in the landfill's northern section and creating a public nuisance with foul odors in the air.
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INTERNATIONAL An article on Tuesday about public nuisance charges brought against the leaders of a Hong Kong protest movement misstated the goal of students who went on strike before joining forces with the Occupy movement in 2014.
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The big picture: Judge Thad Balkman wrote in his decision that J&J "pervasively, systemically and substantially" created a public nuisance by falsely promoting its opioids as safe and necessary, which led to massive overprescribing and addiction.
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They also argue that defendants created a "public nuisance" — a continuing crisis that affects the far reaches of public health, including neonatal intensive care, foster care, emergency services, detox and rehabilitation programs and the criminal justice system.
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"The city issued cease-and-desist letters to the three companies in April, with San Francisco City Attorney Dennis Herrera writing they "[created] a public nuisance on the City's streets and sidewalks and [endangered] public health and safety.
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"The issue of El-ZakZaky is before the court in Kaduna and his supporters should focus on his on-going trial instead of causing daily damages, disruptions and public nuisance in Abuja," the Presidency said in the statement.
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The California Supreme Court has declined to review a decision holding three paint manufacturers responsible for creating a public nuisance by promoting the use of lead paint in homes and requiring them to pay to abate the dangers.
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A new spate of public nuisance litigation — the tort du jour for environmental activists seeking "regulation through litigation" -— would likely result in a far more draconian and unstable set of environmental rules that what's currently on the books.
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The complaint, filed by Lawrence resident Francely Acosta, who was forced to evacuate, accused NiSource of negligence and creating a public nuisance by failing to maintain gas pressure in its "antiquated" system, which it blamed for Thursday's explosions.
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The trial, in which Oklahoma AG Mike Hunter will assert the single theory that deceptive opioid marketing created a public nuisance of drug abuse, will be heard by Oklahoma state court judge Thad Balkman rather than a jury.
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The justices left in place the lower court's 2017 ruling that endorsed a trial judge's finding that the companies had created a "public nuisance" by concealing dangers posed by lead paint, which can cause brain damage if ingested.
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He also argued Oklahoma was seeking to "stretch" the bounds of a public nuisance statute in order to force it to pay up to $17.5 billion to help the state address the epidemic for the next 30 years.
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Hunter's office argued Teva's settlement should be combined with any money J&J must pay to help remedy, or abate, what the state says is a public nuisance that will cost $17.5 billion to remedy over 30 years.
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Three leaders of Hong Kong's 2014 civil disobedience "Occupy" movement pleaded not guilty to public nuisance charges at a packed court in the Chinese-ruled city on Monday where more than 100 protesters rallied in support of the activists.
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Hunter's office argued that Teva's settlement should be combined with any money J&J must pay to help remedy, or abate, what the state says is a public nuisance that will cost $17.5 billion to remedy over 30 years.
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If the courts decided that oil and gas production was a public nuisance, it would "invade the prerogatives of Congress and the executive branch," Theodore Boutrous, the lawyer representing Chevron, said in a hearing at the end of May.
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The suit, filed in Ross County, in Southern Ohio, where addiction has hit hard, alleges the drug companies violated the Ohio Consumer Sales Practices Act, committed Medicaid fraud, and created a public nuisance by disseminating false and misleading statements.
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The lawsuits, filed in state courts in San Francisco and Alameda Counties, alleged Chevron, ConocoPhillips , Exxon Mobil, BP, and Royal Dutch Shell , created a public nuisance and asked for funds to finance infrastructure to deal with rising sea levels.
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White contends that state politicians and plaintiffs' lawyers working for contingency fees have contorted the law on public nuisance, negligence and fraud in an attempt to hang liability on companies that sold government-approved products under tight federal regulation.
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High-profile public nuisance claims have proliferated in recent years in the United States as local governments try to use the courts to make corporations pay for societal ills like lead poisoning, the opioid addiction crisis and climate change.
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A Hong Kong court found leaders of the 2014 "Occupy" civil disobedience movement guilty on Tuesday of public nuisance charges during the mass protests, in a landmark verdict that comes as the China-ruled city's freedoms come under strain.
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New Jersey-based J&J's lawyers also wrote that the state's case rested on "radical theories" unmoored from more than a century of court cases interpreting the state's public nuisance law, which it said only applies to property disputes.
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A lawsuit by Oklahoma's attorney general accusing Johnson & Johnson of fueling the opioid epidemic is set to establish a major precedent over whether a state's public nuisance laws can be used to hold a drugmaker liable for the U.S. drug crisis.
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Tobias also said the Oklahoma attorney general's decision to pursue a public nuisance accusation against Johnson & Johnson is an interesting one because the charge is typically reserved for environmental cases, such as toxins spilling into a river by a company.
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Lawyers for the state called J&J an opioid "kingpin" and contended its marketing efforts created a public nuisance in the form of the opioid crisis as doctors over-prescribed the drugs, leading to a surge in overdose deaths in Oklahoma.
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Law professor Benny Tai, 54, retired sociologist Chan Kin-man, 60, and retired pastor Chu Yiu-ming, 75 were found guilty of conspiracy to commit public nuisance over their leading role in planning and mobilizing supporters during the 79-day protest.
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A court in Hong Kong found nine people guilty of "public nuisance" charges relating to their leading roles in the Umbrella Movement of 2014, which involved weeks of sit-ins and demonstrations in busy commercial districts in support of democratic reform.
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In a separate case, San Francisco earlier this month issued subpoenas to Uber and Lyft for a broad scope of records on driving and business practices as part of an investigation to determine whether the companies have become a public nuisance.
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Depending on your age and general disposition, the BeatBringer will be either one of the most intriguing gadgets to hit the market in some time, or a public nuisance that will have you filing noise complaints in the near future.
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"The ruling in favor of the State of Oklahoma's public nuisance claims confirms what communities have been saying for some time: the opioid epidemic significantly interfered with public health," the co-lead attorneys in the Ohio case said in a statement.
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California: San Francisco, Oakland in September 200182 separately sued Chevron Corp, Exxon Mobil Corp, BP Plc, ConocoPhillips and Royal Dutch Shell Plc alleging public nuisance and seeking damages to pay for seawalls and other infrastructure to guard against rising sea levels.
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BP, No. 1:18-cv-00182, U.S. District Court, Manhattan Washington: King County in May 2018 filed suit against BP, Chevron, ConocoPhillips, Exxon Mobil and Shell alleging a public nuisance and trespass by their production and promotion of fossil fuels.
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HONG KONG (Reuters) - Three leaders of Hong Kong's 2014 pro-democracy "Occupy" movement, which paralyzed parts of the Chinese-ruled city for nearly three months, denied public nuisance charges on Monday as international criticism of the erosion of civil liberties grows.
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California: San Francisco, Oakland in September 200182 separately sued Chevron Corp, Exxon Mobil Corp, BP Plc, ConocoPhillips and Royal Dutch Shell Plc alleging public nuisance and seeking damages to pay for seawalls and other infrastructure to guard against rising sea levels.
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BP, No. 1:18-cv-00182, U.S. District Court, Manhattan Washington: King County in May 2018 filed suit against BP, Chevron, ConocoPhillips, Exxon Mobil and Shell alleging a public nuisance and trespass by their production and promotion of fossil fuels.
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HONG KONG — Nine democracy activists on Tuesday were convicted by a Hong Kong court on public nuisance charges for their roles in the protest movement that led to the monthslong occupation of major intersections in the city five years ago.
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A growing list of cities and one state (Rhode Island) are suing Exxon, Shell and other oil companies, alleging they have created a public "nuisance" by producing and selling oil and natural gas knowing their products would fuel climate change.
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Thematically, the case is similar to the "public nuisance" cases filed by cities and states against Exxon and other energy companies over the costs of climate change, David Bookbinder, chief counsel of the Niskanen Center environmentalist think tank, told BuzzFeed News.
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After the hearing last October at which the home was declared a "public nuisance," Ms. Fang was fined $200 for creating what officials called "a highly visible eyesore" that was "out of keeping with community standards," according to the lawsuit.
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Sternly dismissing any attempts at self-pity — "Anyone who pities herself for more than a month on end is a weak sister and likely to become a public nuisance besides" — Hillis guides her readers through how to cope with life on their own.
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HONG KONG (Reuters) - A Hong Kong court on Tuesday found nine leaders of the 2014 pro-democracy "Occupy" movement guilty of public nuisance during the mass protests, in a landmark verdict as freedoms in the city ruled by mainland China come under strain.
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SoCalGas response SoCalGas said it would respond to the lawsuit "through the judicial process," but noted that the state lawsuit joins one filed in December by the Los Angeles City Attorney and Los Angeles County Counsel, alleging the leak as a public nuisance.
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Three of the defendants accused of playing a leading role in planning and mobilizing supporters during the 79-day street occupations in 2014 — Benny Tai, Chan Kin-man, and retired pastor Chu Yiu-ming — were found guilty of conspiracy to commit public nuisance.
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The six other defendants include pro-democracy legislators Tanya Chan and Shiu Ka-chun, two former student leaders Eason Chung and Tommy Cheung, activist Raphael Wong, and veteran democrat Lee Wing-tat, were also found guilty of at least one public nuisance charge.
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The lawsuits, filed in state courts in San Francisco and Alameda Counties, alleged Chevron Corp, ConocoPhillips, Exxon Mobil Corp, BP Plc, and Royal Dutch Shell Plc, created a public nuisance and asked for funds to finance infrastructure to deal with rising sea levels.
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" The lawsuit seeks repayment for Kentucky's "Medicaid, workers' compensation, and other spending on opioids, disgorgement of Janssen's unjust profits, civil penalties for its egregious violations of law, compensatory and punitive damages, injunctive relief, and abatement of the public nuisance Janssen has helped create.
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Following a non-jury trial, Balkman had ruled in August that Oklahoma had proven that J&J engaged in misleading marketing about the benefits of painkillers, and that their addictive risks caused a public nuisance in the form of the opioid crisis.
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In a news conference in Flint on Wednesday morning, Bill Schuette disclosed that his office has filed paperwork to bring negligence and public nuisance litigation against both Veolia, a French resource management firm, and Lockwood, Andrews & Newman, an engineering corporation based in Texas.
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HOUSTON (Reuters) - City and county officials from California to New York have filed suits against oil and gas companies alleging their fossil fuel production and promotion creates a public nuisance, citing the effects of rising sea levels on coast lines and infrastructure.
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The state's attorneys even referred to Johnson & Johnson as an opioid "kingpin" whose marketing campaign was the cause of a "public nuisance" where doctors were over-prescribing painkillers to patients and therefore, increasing the total number of overdose-related deaths in Oklahoma.
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After hearing seven weeks of evidence, Judge Thad Balkman in Norman, Oklahoma, is due on Monday to decide whether to hold J&J liable for creating a public nuisance in the state and whether it should be forced to pay $17 billion to redress it.
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In holding J&J liable after a seven-week, non-jury trial, Judge Thad Balkman of Cleveland County District Court in Norman, Oklahoma, said the state proved that J&J's misleading marketing and promotion of its Duragesic and Nucynta painkillers created a public nuisance.
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Across the country, the jobs of manufacturing workers are being threatened by trial attorneys and politicians targeting manufacturers with baseless lawsuits based on the legal theory of "public nuisance," attempting to hold manufacturers responsible for harms that are often far outside of their control.
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Chevron, No 17CV03242, Superior Court of California, County of Santa Cruz Imperial Beach, San Mateo County and Marin County separately filed suits in July 2017 against Chevron, Exxon Mobil, BP, Royal Dutch Shell and others alleging public nuisance, negligence and trespass and seeking undisclosed damages.
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Chevron, No 17CV03242, Superior Court of California, County of Santa Cruz Imperial Beach, San Mateo County and Marin County separately filed suits in July 2017 against Chevron, Exxon Mobil, BP, Royal Dutch Shell and others alleging public nuisance, negligence and trespass and seeking undisclosed damages.
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HONG KONG (Reuters) - A Hong Kong court on Tuesday found three leaders of the 2014 pro-democracy "Occupy" civil disobedience movement guilty of conspiracy to commit public nuisance for their role in mass protests that brought parts of the Chinese-ruled city to a standstill.
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Oklahoma Judge Thad Balkman said in his 42-page ruling Monday afternoon the state met its burden that J&J created a "public nuisance" with the misleading marketing and promotion of opioids, ordering the company to pay $572 million to help combat the ongoing crisis.
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Oklahoma Attorney General Mike Hunter, who at trial had sought to force J&J to pay $17 billion over three decades to repair the damage caused by the epidemic, said last Friday's final order by Judge Thad Balkman was not consistent with the state's public nuisance law.
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In addition to the criminal charges, Southern California Gas Co. faces a host of civil suits, including suits from residents and business owners living in the nearby town of Porter Ranch and from California Attorney General Kamala Harris, who is suing the utility for causing a public nuisance.
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"Because we had this odor issue where all five of the City Council members unanimously declared us a public nuisance, without real basis, I feel that Huy Fong Foods is being treated unfairly, so I stop the contributions," founder and CEO David Tran said in a statement to CNBC.
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When the police tried to break up an encampment late last month by harassing and arresting 147 protesters on various charges, including "conspiracy to endanger by fire or explosion" and "maintaining a public nuisance," it was one of the first indications that law enforcement was taking a militant approach.
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Law professor Benny Tai, 54, and retired sociologist Chan Kin-man, 19893, were both jailed for 16 months for conspiracy to commit public nuisance tied to the protests that paralyzed parts of the Asian financial center for 79 days in late 2014 and became known as the Umbrella Movement.
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Amsterdam's famous coffee shops, with their haze of fragrant smoke, are tolerated provided they sell no hard drugs, do not sell to under-18s, create no public nuisance, have no more than 500 grams (18 ounces) of cannabis on the premises and sell no more than 5 grams at a time.
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"Despite previous warnings, your company LimeBike ("Lime") has continued to operate an unpermitted motorized scooter rental program in the City and County of San Francisco (the "City"), creating a public nuisance on the City's streets and sidewalks and endangering public health and safety," City Attorney Herrera wrote specifically to Lime.
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The defendants "engaged in false and misleading marketing of both their drugs and opioids generally, and the law makes clear that such conduct is more than enough to serve as the act or omission necessary to establish the first element of Oklahoma's public nuisance law," Balkman wrote in his ruling (PDF).
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U.S. District Judge John Bates in Washington D.C. dismissed on Friday the accusations by Budha Ismail Jam and other Indian fishermen and farmers that the International Finance Corporation (IFC) had acted negligently and caused a public nuisance when furthering the project, finding that the international organization was immune from the claims.
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The Golden State's civil injustices include precedent-defying state supreme court decisions, the Private Attorneys General Act, Prop 65, food and beverage litigation, so-called innovator liability, the California Environmental Quality Act's impact on affordable housing, court's expansion of public nuisance law and natural disaster-chasing personal injury lawyers, among others.
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The lawsuit says Enbridge's continued operation of the underwater portion of Line 5 under an easement granted in 1953 violates the public trust doctrine, is a common law public nuisance, and violates the Michigan Environmental Protection Act because it is likely to cause pollution impairment and destruction of water and other natural resources.
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If the new administration seeks to downsize the responsibilities of the EPA in fundamental ways at odds with the generally accepted consensus during the past 50 years, many judges are likely to push back in ways including more willingly granting standing in environmental cases and expanding the scope of liability for public nuisance.
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Judges, some of them progressive and most committed to what seems to them to be a fundamentally sound regulatory regime, would strike back, using expanded understandings of the public nuisance and other common law torts that would be genuinely dangerous to the stable rule of law in which free enterprise thrives best.
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"The alleged victim has refrained from her statement and will be charged with public nuisance for giving false testimony," Ioannis Habaris, a lawyer for some of the suspects, told Reuters TV. He said their next course of action would be filing a civil lawsuit against the woman on behalf of the youths.
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"Lawsuits targeting manufacturers do nothing to address climate change, but will do plenty to line the pockets of plaintiffs' attorneys — and in this case, the very same attorneys behind countless other public nuisance lawsuits throughout the country," said Lindsey de la Torre, executive director of the Manufacturers' Accountability Project in a statement.
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In addition to the three Occupy Central founders, Tanya Chan and Shiu Ka-chun, both current lawmakers; Lee Wing-tat, a former lawmaker; Tommy Cheung and Eason Chung, who were student leaders; and Raphael Wong, a member of the League of Social Democrats, a pro-democracy party, were convicted of public nuisance charges.
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"This is simply a desperate move on the eve of trial by opioid companies that created, fueled and sustained the crisis following rulings by the court concluding that there is sufficient evidence to find that these companies created a public nuisance and conspired together to avoid regulation and sanctions," the lawyers added.
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And from Colorado to Rhode Island, oil and gas companies are facing more than a dozen cases where state and local governments allege energy producers have created a public nuisance by producing fossil fuels that are some of the biggest contributors to global warming, which has harmed their communities by intensifying weather events.
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Standing to profit enormously from successful public nuisance lawsuits filed on behalf of state and local governments, they convinced government officials and public-interest advocates that litigation was a a direct way to tackle environmental and public health problems including global climate change, PCB-contamination of coastal waters, childhood lead poisoning and tobacco-related diseases.
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The Brooklyn district attorney's office, which in 2014 decided to stop prosecuting many low-level marijuana cases, is considering expanding its policy so that more people currently subject to arrest on marijuana charges, including those who smoke outside without creating a public nuisance, would not be prosecuted, one official familiar with the discussions said.
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But Pawa's California cases, for example, are based on state law instead of federal law, and use a legal strategy that's already been successful in one California case against a lead paint manufacturer: arguing that the companies create a "public nuisance," a centuries-old legal doctrine that is broader in California than in most other states.
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The case is City of Richmond vs Chevron and others, C-18-00055, Superior Court of California, County of Contra Costa Santa Cruz County in December 2017 filed a public nuisance suit against Chevron, Exxon Mobil, BP, Royal Dutch Shell and others seeking damages for sea level rise and extreme flooding events blamed on fossil fuels.
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The case is City of Richmond vs Chevron and others, C-18-00055, Superior Court of California, County of Contra Costa Santa Cruz County in December 2017 filed a public nuisance suit against Chevron, Exxon Mobil, BP, Royal Dutch Shell and others seeking damages for sea level rise and extreme flooding events blamed on fossil fuels.
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BP and others, RG 211859, Superior Court of California, County of Alameda Richmond in January filed a public nuisance claim against Chevron, Exxon Mobil, BP, Royal Dutch Shell and 20 other oil and gas companies in California Superior Court, Contra Costa County, alleging their extracting and promotion of fossil has led to rising sea levels fuels that impact the city's property.
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BP and others, RG 211859, Superior Court of California, County of Alameda Richmond in January filed a public nuisance claim against Chevron, Exxon Mobil, BP, Royal Dutch Shell and 20 other oil and gas companies in California Superior Court, Contra Costa County, alleging their extracting and promotion of fossil has led to rising sea levels fuels that impact the city's property.
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In dismissing the cases brought by San Francisco and Oakland, U.S. District Judge William Alsup rightly told the plaintiffs that the court is not the proper branch of government to address the issue of climate change: "The problem deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case," Judge Alsup wrote in his opinion.
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" (Exxon has sued to block the Schneiderman's investigation, though without success thus far, and still no charges have been filed.) MAP's site also sharply criticizes Matt Pawa, an attorney who, according to a 2010 profile by InsideClimate News, has been "working tirelessly to establish global warming as a 'public nuisance' under tort law, holding corporations accountable for their greenhouse gas pollution and forcing them to face their victims in court.
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" Risk Assessment She's in the car on her way to the library to pick up Keystone and bring him to Rose Taylor's office so they can begin the process of filing a public-nuisance lawsuit against the S.P.C.A., when Carly says, "I don't mean to worry you, but the house sensors indicate that Jackie hasn't come home from school yet—and the calendar shows no extracurricular activities for today, so I'm just wondering . . . ?
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