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...]
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...]
American Trucking Associations Support Congressional Mandate for Electronic Logging Devices in 18-Wheelers
May 7, 2012 by Leave a Comment
Many 18-wheeler accidents become more difficult to investigate due to missing or incomplete information concerning hours-of-service compliance. Electronic Logging Devices could assist in safety and compliance with federal laws by more closely tracking hours 0f service and other important metrics. The American Trucking Associations, along with other law enforcement and advocacy groups, recently signaled support for such a measure by sending a letter to members of the House and Senate who are currently negotiating safety regulations. “The Federal Motor Carrier Safety Administration has … [Read more...]
We Should All be Grateful for No-Fault Divorce
April 8, 2012 by Leave a Comment
Here in Texas, when we go before the court to prove up a divorce I merely ask my clients, “Has your marriage become insupportable because of discord or conflict that destroys the legitimate ends of the marriage relationship?” My client answers “Yes.” Then I ask, “Is there any reasonable expectation of reconciliation?” And my client answers, “No.” Apparently it’s not that simple everywhere. According to a New York Times Article entitled “Tuna Again? In Fault-Finding Britain, It’s a Cause for Divorce” By Sarah Lyall, Published: April 7, 2012, our British common … [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...]
Cancer Risk linked to Diabetes Treatment
November 14, 2011 by Leave a Comment
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 … [Read more...]
No Better Care, Thanks to Tort Reform
October 27, 2011 by Leave a Comment
Published in The Texas Tribune by guest columnist, Charles M. Silver In 2006, Dr. Howard Marcus wrote that Texas’ 2003 tort reform statute sparked an “amazing turnaround” in which doctors came to Texas in droves, instead of leaving the state as they had before. He was doubly wrong. Texas neither lost doctors before 2003 nor gained them especially quickly in subsequent years. In fact, according to statistics published by the Texas Department of State Health Services (TDSHS), the supply of active, direct patient care (DPC) doctors per capita grew faster from 1996 to 2002 than at … [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...]
