The Supreme Court of Texas clarified the Texas nuisance doctrine in Crosstex N. Tex. Pipeline, L.P. v. Gardiner.  Justice Boyd opened by noting that Dean Prosser declared nuisance as the law’s “garbage can.”  He proceeded to clean up this area of the law.

The Court said “nuisance” refers not to a defendant’s conduct or

Appellate practitioners know that winning an appeal is not always the end of litigation.  Sometimes it’s just a new beginning of disputes, as my blog entry regarding the Supreme Court’s opinion in the In re Columbia Medical Center case indicates.  But other times, it really is supposed to be the end.  What happens if the trial judge doesn’t see it that way?

 Last month, I blogged about a case called In re Victor Enterprises, Inc., in which the Dallas Court of Appeals granted a petition for writ of mandamus against Dallas County Court at Law No. 1 after the judge of that court granted a petition for writ of mandamus without requesting a response from the Relator, Victor Enterprises.   The court of appeals held that such an act was clear error and granted mandamus.  Now there’s more to the story…

Continue Reading Mandamus to prevent exercise of jurisdiction where there is none