1 conduct would create a continuing problem with long-lasting significant negative effects on the 2 rights of the public. 3 187. Defendants’ actions are a direct and legal cause of the public nuisance. 4 188. Defendants’ acts and omissions as alleged herein are substantial and indivisible 5 6 7 8 189. Plaintiff is entitled to recover damages and other appropriate relief for the foregoing public nuisance. 190. Wherefore, Plaintiff prays for relief as set forth below. 9 SECOND CAUSE OF ACTION 10 (Strict Liability – Failure to Warn) 11 (Against All Defendants) 12 13 14 191. Plaintiff incorporates by reference each and every allegation contained above, as though set forth herein in full. 192. Defendants, and each of them, extracted raw fossil fuel products, including crude 15 oil, coal, and natural gas from the earth, and placed those fossil fuel products into the stream of 16 commerce. 17 193. Defendants, and each of them, extracted, refined, formulated, designed, packaged, 18 distributed, tested, constructed, fabricated, analyzed, recommended, merchandised, advertised, 19 promoted and/or sold fossil fuel products, which were intended by Defendants, and each of them, 20 to be burned for energy, refined into petrochemicals, and refined and/or incorporated into 21 petrochemical products including fuels and plastics. 22 SHER EDLING LLP causes of Plaintiff’s injuries and damages as alleged herein. 194. Defendants, and each of them, heavily marketed, promoted, and advertised fossil 23 fuel products and their derivatives, which were sold or used by their respective affiliates and 24 subsidiaries. Defendants received direct financial benefit from their affiliates’ and subsidiaries’ 25 sales of fossil fuel products. Defendants’ role as promoter and marketer was integral to their 26 respective businesses and a necessary factor in bringing fossil fuel products and their derivatives 27 to the consumer market, such that Defendants had control over, and a substantial ability to 28 influence, the manufacturing and distribution processes of their affiliates and subsidiaries. COMPLAINT 80