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

23 hours ago

Texans for Lawsuit Reform

The Dallas County DA argued a judge’s impartiality could reasonably be questioned after she lowered a defendant’s bail considerably while his defense lawyer is one of her top campaign contributors, and then raised his bail after media reports about her rulings. Read and share: bit.ly/3lfQMzM ... See MoreSee Less

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Dallas judge under scrutiny for bail rulings recuses herself from cases

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Judge Chika Anyiam, of Criminal District Court 7, recused herself Monday from 10 felony cases against Julio Guerrero. A Dallas County judge who faced public scrutiny for lowering a murder suspect’s ...
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Texans for Lawsuit Reform

2 days ago

Texans for Lawsuit Reform

TLR General Counsel Lee Parsley joined the U.S. Chamber’s Institute for Legal Reform’s podcast to discuss nuclear verdicts in the trucking industry and what legislators can do to ensure that excessive lawsuits don't shut down this vital industry. Listen and share: bit.ly/3wjgKJ9 #trucking #lawsuit #LegalNews #courts ... See MoreSee Less

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Nuclear Verdicts Create Litigation "Vortex" for Trucking Industry

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In this episode of Cause for Action, Nathan Morris, senior vice president, legal reform advocacy at the U.S. Chamber of Commerce Institute for Legal Reform, is joined by Lee Parsley, the general couns...
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Texans for Lawsuit Reform

2 days ago

Texans for Lawsuit Reform

TLR General Counsel Lee Parsley joined the U.S. Chamber Institute for Legal Reform podcast to discuss nuclear verdicts in the trucking industry and what legislators can do to ensure that excessive lawsuits don't shut down this vital industry. Listen and share: bit.ly/3wjgKJ9 ... See MoreSee Less

Link thumbnail

Nuclear Verdicts Create Litigation "Vortex" for Trucking Industry

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In this episode of Cause for Action, Nathan Morris, senior vice president, legal reform advocacy at the U.S. Chamber of Commerce Institute for Legal Reform, is joined by Lee Parsley, the general couns...
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lawsuitreform avatarTLR@lawsuitreform·
17h 1527046564635721728

Want to make a difference in the fight against lawsuit abuse? Join the TLR team today! #stoplawsuitabuse

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lawsuitreform avatarTLR@lawsuitreform·
23h 1526956133377789952

The Dallas County DA argued a judge’s impartiality could be questioned after she lowered a defendant’s bail while his defense lawyer is one of her top campaign contributors and then raised his bail after media reports about her rulings. Read & RT:

Dallas judge under scrutiny for bail rulings recuses herself from cases

Judge Chika Anyiam, of Criminal District Court 7, recused herself Monday from 10 felony cases against Julio Guerrero. A Dallas County judge who faced ...

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17 May 1526684119077371904

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

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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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