GM Ignition Switch Linked to Serious Injury and Death

Jeff Springer & Frank Lyle

by Jeff Springer and Frank Lyle --- On Feb. 13, 2014, General  Motors (GM) recalled over 750,000 Chevrolet Cobalts and Pontiac vehicles to repair an ignition switch that can allow the key to slip from its “run” position when the car hits a bump or, if the keychain is too heavy. The defect can cause an engine shutdown and loss of power steering, brakes, and safety systems, including airbags and anti-lock brakes. On Feb. 25, GM expanded the recall to include hundreds of thousands of additional Chevy, Pontiac, and Saturn cars, bringing the total number of affected vehicles to 1.4 million. … [Read more...]

Victory for Big Pharma: Texas Adopts “Learned Intermediary” Rule

Remi

Big Pharma had a major victory on June 8th, when the Texas Supreme Court handed down its ruling in Centocor, Inc. v. Hamilton.  The Court held that "When a drug manufacturer properly warns a prescribing physician of the dangerous propensities of its product, the manufacturer is excused from warning each patient who receives the drug. The doctor stands as a learned intermediary between the manufacturer and the ultimate consumer."  Further, "A prescription drug manufacturer fulfills its duty to warn end users of its product's risks by providing adequate warnings to the intermediaries who … [Read more...]

Deion and Pilar Sanders’ Divorce Illustrates the High Price of Animosity and the Great Deal we get through Settlement

Primetime

Several sources have reported that Deion Sanders has been ordered to pay over $10,500 in child support and $3,500 mortgage payments.  The shocking part is that he’s been ordered to pay over a quarter million in attorney fees incurred just since April 30, 2012.  In three weeks of attorney fees these parties blew what most of my clients will not earn in a year.  There has, perhaps, never been a clearer example of the high price of contempt and animosity in a family law case.  If you do the math, Deion could pay support for his children for 18 months at the rate his wife’s attorneys are charging … [Read more...]

Child Custody Tracking Software and Custody X Change

frankTH

**UPDATE 04/06/2012: Ben Coltrin, the Developer of Custody X Change, contacted me by email to ask questions about this review and improve his product.  Its great to hear from a legal software developer who's interested in improving the product even after its enjoyed some success.  I'll be writing a further review of this product in the coming weeks.** As clients prepare to deal with a child custody issue we often advise them to keep a journal of their interactions with the other parent and the child.  Its often helpful to have a record of possession and the typical conflicts that surround … [Read more...]

The New “Loser Pays”

jeffTH

A lot of my friends have asked me about the new “loser pays” law and how I expect it to affect litigation in Texas.  For years, Texas and most other states followed the so-called, “American Rule” whereby litigants pay their own attorneys’ fees.  There were exceptions, such as certain statutory provisions that allowed recovery of attorneys fees in breach of contract, declaratory judgments, and other types of lawsuits.  The new law is a departure from our historical approach, and represents a Texas version of the “English Rule,” allowing the prevailing party to recoup attorneys’ fees and … [Read more...]

The Risks of Using Generic Drugs

SarahTH

by Sarah Hoffman, SpringerLyle ••• In June of 2011, the United States Supreme Court decided an important issue regarding the warning labels on prescription drugs in Pliva, Inc. et al v. Mensing.  Mensing was a prescription drug failure-to-warn-case.  It dealt with prescription drug companies’ failure to put accurate warnings on their drug labels, leading to patients taking dangerous drugs that they otherwise would not have taken. In Mensing, the Court held that name-brand manufacturers of prescription drugs have an obligation, both under the federal regulations and under state common … [Read more...]

Cancer Risk linked to Diabetes Treatment

frankTH

By Frank Lyle “Actos” is the brand name for a drug (pioglitazone) used to treat adult onset, Type-II diabetes. In June of 2011, The Food and Drug Administration (FDA) informed the public that this drug may increase the risk of bladder cancer. The FDA required new warnings to be placed on the medication’s label sold under the names Actos, Actoplus Met and Duetact. The drug has already been pulled off the market in France and Germany. It has been estimated that more than 2 million patients filled prescriptions for the drug between January 2010 and October 2010. Our attorneys at SpringerLyle … [Read more...]

New Rules Require Lawyers to be Nice

jeffTH

by Jeff Springer, SpringerLyle ••• Texas adopted the “Texas Lawyers’ Creed” several years ago in response to the rising incivility among opposing trial lawyers. Now other states are apparently following suit. The Florida Supreme Court issued an order (PDF) on Monday adopting a civility pledge as part of the oath, the Legal Profession Blog reports. The new language reads: “To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications.” South Carolina adopted a similar pledge in 2003, the supreme court … [Read more...]