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...]
Victory for Big Pharma: Texas Adopts “Learned Intermediary” Rule
June 19, 2012 by Leave a Comment
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...]
Identifying the Parties at Fault in a Truck Accident Case
June 6, 2012 by Leave a Comment
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...]
Greyhound Bus Drivers say Company Opposes Safety Reform
May 23, 2012 by Leave a Comment
The Amalgamated Transit Union Local 1700, which represents Greyhound bus drivers, has been speaking out against the company's safety record. "Members of the National Association of Bus Crash Families said they recently learned that Greyhound did not support HR7, a bill introduced by Georgia Democrat John Lewis and Texas Republican Ted Poe. The Lewis-Poe Amendment, as it is known, is identical to language in the MESA Bill, and replaces earlier provisions in the House version with a “Greyhound Compromise.” “We negotiated with Greyhound in good faith and gave up important safety … [Read more...]
1/5 of Commercial Vehicles were Found Unsafe
May 19, 2012 by Leave a Comment
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...]
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...]
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...]
Tort Reform has not Increased the Number of Doctors in Texas
May 4, 2012 by Leave a Comment
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...]
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...]
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...]
