1/5 of Commercial Vehicles were Found Unsafe

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…

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…

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…

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

Great story by NPR on the continuing problems faced by patients who have received 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…

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…