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Identifying the Parties at Fault in a Truck Accident Case

June 6, 2012 by Leave a Comment
Truck Wreck 5

Learning how an accident occurred and who caused the wreck is the first step in deciding who to include in a personal injury lawsuit. This is a complicated process that requires an experienced attorney where a truck accident is concerned. The companies and firms involved in the transport of goods via 18-wheeler can be numerous, and often, more than one party may have been negligent in causing or contributing to an 18-wheeler accident. Potentially liable parties can include: Truck Drivers:  We have handled cases in which drivers have operated 18 wheeler trucks for long hours and were … [Read more...]

Filed Under: Featured, Truck Accidents Tagged With: , , , , , , , , , , , , , , , , ,

1/5 of Commercial Vehicles were Found Unsafe

May 19, 2012 by Leave a Comment
DPS

The Texas Department of Public Safety reports that one-fifth of commercial vehicles they inspected in in 2011 were unsafe: "Since the first of the year, Commercial Vehicle Enforcement personnel and specially-trained Highway Patrol troopers have inspected 331,505 commercial vehicles. As a result of these inspections, DPS removed 66,189 unsafe commercial vehicles and 12,301 unsafe commercial vehicle drivers from Texas roads for a variety of safety violations. “Commercial vehicles are responsible for approximately 15 percent of the fatalities in Texas crashes,” said McCraw. “Most … [Read more...]

Filed Under: Automotive, Truck Accidents Tagged With: , , , , , , , , , , , , , ,

Depakote Maker to pay $1.5 Billion to Settle Criminal and Civil Investigations

May 15, 2012 by Leave a Comment
DepaLogo

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...]

Filed Under: Health, Pharmaceutical Cases Tagged With: , , , , , , , , , , , , ,

Tort Reform has not Increased the Number of Doctors in Texas

May 4, 2012 by Leave a Comment
ID-10014880

A new study by  David A. Hyman, Charles Silver, and Bernard Black shows that Texas Tort Reform measures have not increased the number of doctors in Texas since 2003. "Does state tort reform affect physician supply? Tort reformers certainly believe so. Before Texas adopted tort reform in 2003, proponents claimed that physicians were deserting Texas in droves. After tort reform was enacted, proponents claimed there had been a dramatic increase in physicians moving to Texas due to the improved liability climate. We find no evidence to support either claim. Physician supply was not … [Read more...]

Filed Under: Health, Medical Cases, Pharmaceutical Cases, Recent Tagged With: , , , , , , , ,

Texas Appellate Courts are More Likely to Reverse Plaintiff’s Judgments

May 2, 2012 by Leave a Comment
Gavel

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...]

Filed Under: Bar Related, Recent Tagged With: , , , , , , , , , , , , ,

Happy Stop The Texts Day!

May 1, 2012 by Leave a Comment
18-Wheeler

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...]

Filed Under: Automotive, Recent, Truck Accidents Tagged With: , , , , , , , , , , , , , ,

All-Metal Hip Implants Prone to Early Failure, Need to be Removed

April 27, 2012 by Leave a Comment

Great story by NPR on the continuing problems faced by patients who have recieved All-Metal Hip Implants. Implants Need To Be Removed Early by Richard Knox EnlargeRichard Knox/NPRYoung-min Kwon of Massachusetts General Hospital holds the metal-alloy ball of Susy Mansfield's faulty artificial hip joint. The yellowish tissue on top is dead muscle caused by a reaction to the metal debris produced by the defective hip implant. When Susy Mansfield needed a hip replacement in 2009, her orthopedic surgeon chose a relatively new and untested kind of artificial hip made … [Read more...]

Filed Under: Health, Medical Cases, Recent Tagged With: , , , , , , , , , , , , , ,

Honda Recalls Weed Trimmers Due to Laceration Hazard

March 2, 2012 by Leave a Comment
hondaTrimmer

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...]

Filed Under: Recalls, Recent Tagged With: , , , , , , , , , , , , , , ,

The New “Loser Pays”

February 14, 2012 by Leave a Comment
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 … [Read more...]

Filed Under: Bar Related, From the Firm Tagged With: , , , , , , , , , , , , , , ,

Emotional Distress without Physical Damages – Supreme Court to Review

January 13, 2012 by Leave a Comment
supremeCt

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...]

Filed Under: Bar Related, Recent Tagged With: , , , , , , , , , , , ,
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