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About UsWelcome to NuisanceLaw.com
You can now access key decisions and appellate briefs in our Decision and Brief Bank. We have recently posted the opinion in the Santa Clara contingency fee matter that was recently decided by the California Supreme Court. We have also added key decisions in public nuisance cases such as Kivalina, Tennessee Valley Authority, and AEP.
You can also find fresh commentary on the Santa Clara contingency fee decision on the NuisanceLaw Blawg.
Uncommon Law: Ruminations on Public Nuisance
The ancient common tort of public nuisance is one of the most highly visible issues in modern tort jurisprudence. Its growth is particularly notable in climate change and environmental litigation, where it seems to be the “tort of choice” for plaintiffs seeking breathtakingly broad relief from global warming and trans-border pollution. Read More »
Author: Richard O. Faulk
Richard O. Faulk
Richard O. Faulk is the Chair of the Litigation Department of Gardere Wynne Sewell LLP, which maintains offices in Dallas, Houston, and Austin, Texas, as well as in Mexico City. He also leads the firm’s Climate Change Task Force and the firm’s Environmental Practice Group.
Mr. Faulk concentrates his personal practice in complex environmental litigation, including class actions and "mass tort" cases with international impacts. He is a board-certified specialist in federal and state appellate practice, and has argued cases before numerous federal and state trial and appellate courts, including the U.S. Supreme Court. He is experienced and widely published on the complex problems raised by CERCLA litigation and the rights and remedies of persons dealing with contaminated properties. Read More »
California Contingency Fee-Priceline Update
There’s been a very interesting development in Priceline.com v City of Anaheim, where the California Court of Appeal approved the City of Anaheim’s use of contingent fee counsel to pursue online travel companies for the City’s transient occupancy tax. Read More »
California's Continued Flirtation With Contingency Fee Counsel: Request for Depublication of Priceline Decision Filed
David Axelrad of Horvitz & Levy LLP today filed with the California Supreme Court a Request to Depublish the Priceline decision. Read More »
Is It Too Much Of A Nuisance For the Attorney General's Office To Do Its Job?
Ted Lieu, who’s angling for the job of California Attorney General, thinks plaintiffs’ lawyers should take over the role of the elected representatives and the appointed public servants who oversee the complex enforcement of statutory and regulatory rules affecting California consumers. Read More »
5th Circuit Grants Rehearing En Banc In Climate Change/Public Nuisance Case
In a major disappointment for the plaintiffs’ bar, the 5th circuit court of appeals has granted a re hearing en banc in Comer v. Murphy Oil, et al.
The entire complement of the court’s judges granted rehearing to review an earlier decision by a three-judge panel that reversed the dismissal of Comer, a major climate change lawsuit arising from Hurricane Katrina. The court has not set a date for oral arguments. Read More »
Don’t Trespass On Me
The focus of this site is, of course, on nuisance law, including discussions about how an amorphous reading of its elements can lead to difficult procedural and substantive issues. Read More »
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