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Obtaining Case Dismissal on Limitations Grounds
What is Limitations? "Limitations" refers to the period within which a Plaintiff must file a lawsuit. Failure to file suit within the applicable limitations period can render the suit time-barred. The existence of limitations periods is grounded in the notion that...
Difference between Public and Private Nusiance
WHAT IS A "NUISANCE" IN LEGAL TERMS? Under Texas law, a “nuisance” is a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to a person of ordinary sensibilities attempting to use and enjoy it....
Jury Questions for Private Nuisance Claim in Texas
What is a Private Nuisance? In private nuisance, a defendant’s conduct substantially interferes with the use and enjoyment of real property owned by an individual or small group of persons. Private nuisance "may, for example, cause physical damage to the plaintiffs’...