18-Wheeler Accident

What to Do When Your Loved One Is a Victim of an 18-Wheeler Accident

If you lost someone you love in an accident with an 18-wheeler, grief can be overwhelming as you try to cope with the unnecessary death that would not have occurred unless someone was negligent. At Springer & Lyle, we understand what a difficult time this is for the entire family….

OP-ED: Tort Reform Demonstrates a Failed Effort

OP-ED: Tort Reform Demonstrates a Failed Effort

Alex Winslow writes in an OP-ED at Statesman.Com about how the record demonstrates Governor Perry’s claims that legal restrictions on patients’ right to sue would benefit patients at large, make for better practice of medicine and lower health care costs has resulted in just the opposite. Here’s the story: Taking…

Texas Supreme Court Ends Bad Faith Claims for Workers

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…

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

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…

Injured by a Doctor? You’ll likely deal with the secretive Medical Board instead of open court

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…

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

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…

Federal Judge in Texas Upholds Med Mal Damages Cap

Originally posted at the Dallas Morning News: https://www.dallasnews.com/business/health-care/2012/03/28/u-s-judge-upholds-texas-cap-on-medical-malpractice-awards/ 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…

Honda Recalls Weed Trimmers Due to Laceration Hazard

Honda Recalls Weed Trimmers Due to Laceration Hazard

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…

The New “Loser Pays”

The New “Loser Pays”

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…