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Texas Supreme Court Clarifies Nuisance Law

By Charles Sartain on July 13, 2016
Posted in Litigation

nuisanceGardiner v. Crosstex North Texas Pipeline LLC, has brought clarity to Texas nuisance law. It took the Texas Supreme Court 54 pages; we have it in under 600 words. (We explained the lower court case here.)

  • “Nuisance” now refers, not to a defendant’s conduct or a legal claim or cause of action, but to

…

Compressor Station Negligent Nuisance Verdict Reversed

By Charles Sartain on August 27, 2015
Posted in Construction, Litigation

Therapist: “We’re here today in group to bring closure to the traumatic events of Crosstex North Texas Pipeline L.P. v. Gardiner. Each side claims mistreatment by his adversary and by one component or another of the civil justice system. Rancher/property owner Mr. Gardiner, you appear to be the more unhappy party, let’s start with…

The Fracing Verdict – What Didn’t Get To The Jury?

By Charles Sartain on May 22, 2014
Posted in Hydraulic Fracturing

As we know, the Parrs won a $2.9 million jury verdict against Aruba Petroleum for a nuisance created by gas wells near the Parrs’ home in Wise County, Texas. Let’s see what claims didn’t make their way to the jury.  (See the court’s web site for the motions  discussed below and other filings in the…

Homeowner’s Testimony About Market Value Can’t be Speculative

By Charles Sartain on December 27, 2012
Posted in Litigation

A multiple choice question: You’ve gotten to the trial you’ve waited two years for. You are presented with a “naked conjecture … “ followed shortly by an “ipsi dixit”. Your reaction:

a. “Finally, something interesting happened at the courthouse.”

b. “No thanks, I’m spoken for.”

c. Rejoice, you won.

Natural Gas Pipeline Company of America …

Is Your Compressor Station a Nuisance?

By Charles Sartain on February 1, 2012
Posted in Regulations

If you operate wells, gas plants and similar facilities in populated areas, address your neighbors’ concerns. This could lead to increased costs and inconvenience in operations, but it might be cheaper in the long run. …
Continue Reading Is Your Compressor Station a Nuisance?

About Charles Sartain

I have been helping clients of all types resolve their commercial disputes for most of my 35 years as a lawyer. Of the many industries in which I have worked, the energy business is the most fascinating…More

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