Johnson & Johnson’s own internal review of the hip implant known as the Articular Surface Replacement, or ASR, indicates that approximately 40% of the implants would fail within the first five years of implantation. Johnson & Johnson recalled the troubled hip implant in mid- 2010, yet did not release their…
The TransCanada Pipeline Company cleared another of the many hurdles it has faced in connection with the construction of the Keystone XL pipeline. Michael Bishop, an East Texas landowner, previously contested TransCanada’s condemnation of his property. However, Bishop settled the condemnation issues because he could not afford the legal fees.…
The Plaintiff, Morris, admittedly sustained an on-the-job injury which was covered by a workers’ compensation policy issued by the Defendant, Texas Mutual Insurance Company (TMIC). TMIC recognized the injury as compensable and began to pay benefits. When it was determined that Morris’ injuries were much more serious than they first…
In U-Haul International v. Waldrip the Texas Supreme Court reversed a $45 million dollar jury verdict against U-Haul International. The verdict included $23 million in punitive damages. The Court of Appeals reversed the punitive damages award but affirmed the actual damages. The Supreme Court reversed the Court of Appeals, rendered…
The Texas Supreme Court recently ruled in Texas West Oaks Hospital v. Williams that the employment related claim of a hospital employee alleging negligence on the part of the hospital resulting in injuries to the employee constituted a “health care liability claim” under Chapter 74 of the Texas Civil Practices…
The autopsy plays a critical role in proving causation in vehicular crashworthiness cases which result in the death of a passenger. Death cases almost always involve substantial impacts that necessarily involve sudden acceleration/deceleration type forces. These forces are virtually unavoidable and are often fatal. Fatal deceleration injuries might include a…
The Food and Drug Administration(FDA) has determined that a group of anti-depressants used to treat depression, anxiety and mood disorders, known as Selective Serotonin Reuptake Inhibitors, or SSRIs, can cause serious birth defects or even death when taken by certain pregnant women. The group of anti-depressants that causes birth defects…
The Texas Supreme Court held in Carnation Co. V Wong, 516 S.W.2d 116 (Tex. 1974), that persons whose negligence did not cause the auto accident should not have their failure to wear an available seatbelt admitted against them to reduce their damages. This law was well established over a decade…
Governor Rick Perry signed into law his Omnibus Tort Reform Bill best known for its anti-consumer Loser Pay provisions. The version of HB 274 that was signed into law is substantially different from the original bill. At the outset the most notable of the Loser Pay provisions were that Loser…
Recent legislation proposed in the Texas Legislature would allow Texas college students to carry concealed handguns. Arming every Texas college student is probably not the best way to address the concern for the safety of our students on college campuses. The decision as to when to use a deadly weapon…