Conclusion

Summary

Conclusion. The books conclusion reprises the arguments advanced for and against recognition of the new public nusiance law, evaluating the competing claims made by the critics and commentators. The conclusion strives for a balanced appreciation of the merits and demerits of the competing arguments. The conclusion turns to three central themes: (1) that of the continued, creative, innovative plaintiffs lawyering for fifty years in mass tort litigation, continually asserting new claims and expanding legal boundaries, (2) that the new public law is best understood as yet another innovation in the historical arc of mass tort litigation, and (3) that the fate of the new public law is most likely to follow the legal trajectory of the development of medical monitoring as a tool in the mass tort litigators toolbox. The narrative history of the evolution of medical monitoring is explored to demonstrate the parallelism between medical monitoring and the new public nuisance law. The book concludes with the observations that the new public nuisance law is in its nascent stages of development and is in flux. But it is here to stay, in the same way that mass tort jurisprudence embraced medical monitoring.