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...]
Depakote Maker to pay $1.5 Billion to Settle Criminal and Civil Investigations
May 15, 2012 by Leave a Comment
Last week, the Department of Justice Announced a record $1.5 Billion settlement with Abbott Laboratories over their mislabeling of the drug Depakote. "Global Health Care Company Abbott Laboratories Inc. has pleaded guilty and agreed to pay $1.5 billion to resolve its criminal and civil liability arising from the company’s unlawful promotion of the prescription drug Depakote for uses not approved as safe and effective by the Food and Drug Administration (FDA), the Justice Department announced today. The resolution – the second largest payment by a drug company – includes a criminal … [Read more...]
Injured by a Doctor? You’ll likely deal with the secretive Medical Board instead of open court
May 14, 2012 by Leave a Comment
Fox 4 in Dallas did a great story on the Texas Medical Board and their contribution to physician discipline since tort reform in 2003. According to the report serious disciplinary actions are down and the time taken to conduct investigations has risen. Further, Doctor confidentiality and secrecy is maintained until a final disciplinary action is completed, leaving patients unaware of allegations of malpractice by doctors. Check the Fox 4 page for a video. Some of the images are graphic and the stories are truly tragic. Its a shame our state has fallen so far in protecting patient … [Read more...]
Texas Appellate Courts are More Likely to Reverse Plaintiff’s Judgments
May 2, 2012 by Leave a Comment
The Dallas Morning News reports that a soon-to-be-released study shows Texas Appellate Courts reverse judgments for plaintiffs with alarming regularity, and at a dramatically higher rate than judgments for defendants: “The study, conducted by two appellate lawyers at Haynes and Boone, found the Texas appellate judges have an overall reversal rate of 49 percent when they review cases that the plaintiff won in the trial court and the defendant appealed. But those same judges reversed only 25 percent of the cases in which the defendant prevailed at trial and the plaintiff appealed. The Texas … [Read more...]
Federal Judge in Texas Upholds Med Mal Damages Cap
April 26, 2012 by 1 Comment
Originally posted at the Dallas Morning News: http://www.dallasnews.com/business/health-care/20120327-u.s.-judge-upholds-texas-cap-on-medical-malpractice-awards.ece By MARK CURRIDEN The Texas Lawbook mark.curriden@texaslawbook.net Published: 27 March 2012 08:55 PM A federal judge ruled Tuesday that a Texas law limiting noneconomic damages in medical malpractice cases to $250,000 is constitutional. The decision, applauded by tort reform advocates and denounced by trial lawyers and victims of medical malpractice, ends a four-year legal battle over … [Read more...]
Honda Recalls Weed Trimmers Due to Laceration Hazard
March 2, 2012 by Leave a Comment
Unsafe products can cause serious injuries at the most unexpected times. Household names we all come to know and trust are no exception to oversites due to engineering, manufacturing or material shortcomings that require diligent testing and monitoring. Honda has acted to recall certain gas powered weed and lawn trimmers within a designated manufacturing span denoted by listed serial numbers. Awareness of such measures is one paramount to the safety of all consumers. Springer Lyle feels the information in this article should be made known so consumers who rely on Honda's reputation can … [Read more...]
The New “Loser Pays”
February 14, 2012 by Leave a Comment
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 … [Read more...]
Tragedy Brought on by Tainted Fruit
October 3, 2011 by Leave a Comment
By Moni Basu, CNN William Beach was one of those people who fixated on certain foods. He would eat the same thing voraciously for a few days, and then, when he tired of the same tastes, he moved onto something else. In August, when summer's heat seemed unending in Mustang, Okla., Beach took to savoring fried chicken -- and soft, sweet cantaloupe. Beach was elderly -- 87 -- but after eating the fruit, his health declined rather suddenly and before anyone in his family knew what was wrong, he was dead. He is among 15 people who died from Listeria monocytogenes in what the Centers for … [Read more...]
New Rules Require Lawyers to be Nice
September 16, 2011 by Leave a Comment
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 … [Read more...]
Hip Implant Complaints Increase, While Dangers Are Reviewed
August 23, 2011 by Leave a Comment
By BARRY MEIER and JANET ROBERTS of the New York Times Published: August 22, 2011 The federal government has received a surge in complaints in recent months about failed hip replacements, suggesting that serious problems persist with some types of artificial hips even as researchers scramble to evaluate the health dangers. An analysis of federal data by The New York Times indicates that the Food and Drug Administration has received more than 5,000 reports since January about several widely used devices known as metal-on-metal hips, more than the agency had received about those devices in … [Read more...]
