Texans for Lawsuit Reform

Through political action, legal, academic and market research, and grassroots initiatives, TLR fights for common-sense reforms that keep Texas open for business.

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For the Record

Old Dog, New Tricks

The concept of a public nuisance goes back to old English criminal laws making it, for example, a crime to obstruct the king’s highway. In its most traditional sense, public nuisance is a “condition, activity, or situation (such as a loud noise or foul odor) that either injures the physical condition of adjacent land or interferes with its use or with the enjoyment of easements on the land or of public highways.” Liability might or might not arise from the situation, and the appropriate remedy is most often to abate the cause of the nuisance. 

While each state defines public nuisance differently, an essential component is that it is an action carried out by one entity that affects the public at large, rather than an individual or small group of people, and limits their ability to use a public resource.

But in recent years, the plaintiff’s bar and activist attorneys general, city attorneys and district attorneys have discovered a new use for public nuisance—implementing public policy changes by circumventing the legislative process. They claim that legal activities and products—such as oil and gas, firearms and pharmaceuticals—have harmed society and thus become a public nuisance.

In one mind-boggling instance, the city attorney in Milwaukee is considering bringing a public nuisance lawsuit against two car manufacturers because their vehicles are, allegedly, too easy to steal. Rather than addressing the root cause of the uptick in vehicular thefts in the community, the city is blaming the manufacturer for the actions of a group of criminals.

As we’ve discussed previously, TLR is particularly interested in restoring the public nuisance doctrine to its historic domain, rather than allowing it to be a catch-all cause of action used to impose one person’s political views on society as a whole. 

There is nothing new about TLR’s interest in issues like this. A major impetus of the creation of TLR 28 years ago was to address problems being created in Texas by the then-activist Texas Supreme Court, which for years was populated mostly by former personal injury plaintiffs’ lawyers. That old, liberal court, legislating from the bench, created or expanded causes of action to produce results it deemed “just” or opportune, regardless of legal precedent or the plain words of applicable statutes. 

We have come a long way since the days of jackpot justice in Texas. We have been vigilant in guarding against their return through judicial activism. But the evolving use of the public nuisance doctrine in Texas and elsewhere proves that you can teach an old dog new tricks.

 

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Texans for Lawsuit Reform

3 days ago

Texans for Lawsuit Reform

A great turnout at our 88th Legislative Session Lunch & Learn today! Thanks to all the legislative staffers who joined us to hear about TLR’s agenda this session. ... See MoreSee Less

A  great turnout at our 88th Legislative Session Lunch & Learn today! Thanks to all the legislative staffers who joined us to hear about TLR’s agenda this session.Image attachment
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Texans for Lawsuit Reform

3 days ago

Texans for Lawsuit Reform

In case you missed it: Check out the TLR Advocate to read our top priorities for the 88th legislative session, guest columns, and an update on the expanding TLR team. Read and share: bit.ly/3ZHdEva ... See MoreSee Less

In case you missed it: Check out the TLR Advocate to read our top priorities for the 88th legislative session, guest columns, and an update on the expanding TLR team. Read and share: https://bit.ly/3ZHdEva
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Texans for Lawsuit Reform

4 days ago

Texans for Lawsuit Reform

Public nuisance lawsuits have expanded beyond their traditional use into a way to regulate through litigation. TLR is dedicated to preventing the public nuisance doctrine from becoming a catch-all cause of action used to impose one person’s political views on society as a whole. Read and share: bit.ly/3ZHdEva ... See MoreSee Less

Public nuisance lawsuits have expanded beyond their traditional use into a way to regulate through litigation. TLR is dedicated to preventing the public nuisance doctrine from becoming a catch-all cause of action used to impose one person’s political views on society as a whole. Read and share: https://bit.ly/3ZHdEva
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lawsuitreform avatarTLR@lawsuitreform·
3 Feb 1621598756633288707

A great turnout at our 88th Legislative Session Lunch & Learn today! Thanks to all the legislative staffers who joined us to hear about TLR’s agenda this session. #txlege

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lawsuitreform avatarTLR@lawsuitreform·
3 Feb 1621539669228879873

#ICYMI: Check out the TLR Advocate to read our top priorities for the 88th legislative session, guest columns, and an update on the expanding TLR team. Read and share: https://bit.ly/3ZHdEva

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lawsuitreform avatarTLR@lawsuitreform·
2 Feb 1621267523164426242

TLR is working to make the Texas legal system fair, efficient, and accessible for all. Learn more: #txjustice #txcourts

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TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

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Texans for Lawsuit Reform
1701 Brun Street
Houston, Texas 77019

Ph. 713-963-9363
  • About TLR
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  • Invite a TLR Speaker
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  • Contact TLR

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