Texas Workers Compensation claimants took a big hit Friday when the Texas Supreme Court handed down a 5-4 decision in Texas Mutual Insurance Co. v. Timothy J. Ruttiger. The Court held that Workers Comp claimants cannot seek damages for bad faith denials of claims outside the administrative Workers Comp regulatory framework. Justice Willett's concurring opinion writes: "The continued existence of bad-faith claims will subvert the Legislature's meticulous soup-to-nuts system, one augmented by an immense regulatory and adjudicatory framework that, taken together, now regulates virtually … [Read more...]
Happy Stop The Texts Day!
May 1, 2012 by Leave a Comment
Distracted driving is a real scourge in our society. Secretary of Transportation, Ray LaHood, has declared today #StopTheTextsDay asking Twitter for ideas on how best to fight this menace and convince people to put down the phone and drive. Celebrities like Kasey Khane have even released public service announcements with the National Highway Traffic Safety Administration urging drivers to “STOP THE TEXTS STOP THE WRECKS.” Unfortunately, distracted driving isn’t just a problem amongst consumers. Many employers still have policies that allow, or even encourage employees to use … [Read more...]
Emotional Distress without Physical Damages – Supreme Court to Review
January 13, 2012 by Leave a Comment
With a hat-tip to the blog, “How Appealing,” the ABA Journal is reporting that the 9th Circuit Court of Appeals has asked the Washington Supreme Court whether its product liability laws will allow a recovery emotional distress damages without evidence of any other injury. The case is based upon “glob of spit” found by a sheriff’s deputy on a Whopper. The deputy reportedly got an “uneasy feeling” about two of the Burger King’s employees, so he opened his burger before taking a bite. When he looked under the bun, Thomson Reuters News & Insight and SeattlePI.com report that he … [Read more...]
Honda Worldwide Recall of Sedans, Minivans, SUVs
August 12, 2011 by Leave a Comment
By Deepa Seetharaman and Bernie Woodall of Reuters. Honda Motor Co Ltd plans to recall nearly 2 1/2 million vehicles: small SUVs, cars and minivans worldwide. This includes the popular Accord sedan. Problems relate to software issues that could damage the automatic transmission. The recall includes 1.5 million vehicles in the United States, about 760,000 in China and 135,142 in Canada, the automaker said on Friday. This week, Consumer Reports said it was not recommending the 2012 Honda Civic. This led some industry analysts to ask if that was a symptom of larger problems at the … [Read more...]
Voluntary Recall Of Slimming Capsules
July 28, 2011 by Leave a Comment
from the U.S. Food and Drug Administration website**: Intercharm Inc. Issues A Nationwide Voluntary Recall Of Slim Forte Slimming Capsules Lot 20100604 And Lot 20100928, Slim Forte Slimming Coffee Lot 20100903, And Meizitang Botanical Slimming Softgel Exp. 12.23.2011 Weight Loss Capsules Found To Contain Sibutramine Contact: Intercharm Inc. 323-876-7441 FOR IMMEDIATE RELEASE - July 25, 2011 - Intercharm Inc., is recalling Slimforte Slimming Capsules, Slimforte Slimming Coffee, and Botanical Slimming Soft Gel to the consumer/user level. FDA laboratory analyses found the products to contain … [Read more...]
What’s Fair Is Fair: Rise in FDCPA Cases Offers Opportunities for Lawyers
July 25, 2011 by Leave a Comment
From The Texas Lawyer, July 18, 2011 With the economic downturn, the number of consumer credit-related suits filed in U.S. District Courts in Texas has steadily increased over the past five years. In 2005, 81 such cases were filed in Texas, according to PACER, the federal courts' online filing system. But in 2010, that number rose to 390. The trend is on track to continue this year. From Jan. 1 to June 30, 2011, the number of consumer credit-related cases filed in Texas' U.S. District Courts totaled 263, compared to 190 for the same period in 2010, PACER shows. The numbers include … [Read more...]
5th Circuit to Decide If Judge Correctly Appointed Receiver
July 25, 2011 by Leave a Comment
From The Texas Lawyer, July 25, 2011 Can a federal judge put what he calls a "vexatious litigant" into receivership after the litigant allegedly fails to pay hundreds of thousands of dollars in fees to more than 20 lawyers and law firms? That is one of the questions the 5th U.S. Circuit Court of Appeals is considering in an appeal brought by a businessman and his company. On May 28, 2009, Netsphere filed its original complaint in Netsphere, et al. v. Jeffrey Baron and Ondova Limited Co. in the U.S. District Court for the Northern District of Texas. Netsphere sued Baron and his company, … [Read more...]
FDA Reports Cancer Risk from Osteoporosis Drugs
July 22, 2011 by Leave a Comment
An FDA Safety Alert issued today warns that taking oral osteoporosis drugs (“bisphosphonates”) may cause an increased risk of esophageal cancer. This category of drugs includes Fosamax, Actonel, Boniva, Atelvia, Didronel, and Skelid. Esophageal cancer and other esophageal problems have been reported in connection with use of the drugs, and the FDA is reviewing data from published studies to determine whether a link exists. The FDA posted the following recommendation in its Safety Alert: “Patients should talk with their healthcare professional about the benefits and risks of taking … [Read more...]
Chrysler Recalls Three Models of Ram trucks
July 19, 2011 by Leave a Comment
News Source: The Kansas City Star - July 13, 2011 Chrysler Motor Corporation announces a recall nearly 250,000 Ram pickups because of a faulty part in the steering system which can cause loss of control. This recall affects Chrysler’s top-selling vehicle and covers about 243,000 Ram 1500, 2500 and 3500 pickups ranging from year models 2008 through 2011. The National Highway Traffic Safety Administration reports that a part near the left front wheel can fracture and risk potential crash of the vehicle. … [Read more...]
Child Booster Seat Recall
July 19, 2011 by Leave a Comment
Product • Circo Child Booster Seats, sold nationwide at Target stores from January 2005 through June 2009. Price was roughly $13. News source: The Salt Lake Tribune - Jul 13 2011 Booster seats recalled by the Consumer Product Safety Commission. Please consider, discontinuing use of this product immediately and return to the store where purchased for a refund. For more information about the products, call the manufacturer or Consumer Product Safety Commission's toll-free hotline, 800-638-2772. Problem Detail: The booster’s seat restraint buckle can open unexpectedly, … [Read more...]
