Medical Cases
Federal Judge in Texas Upholds Med Mal Damages Cap
BySpringer & Lyle April 26, 2012March 28, 2025
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…
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Family Law
We Should All be Grateful for No-Fault Divorce
BySpringer & Lyle April 8, 2012March 28, 2025
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…
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Family Law
Child Custody Tracking Software and Custody X Change
BySpringer & Lyle April 4, 2012March 28, 2025
**UPDATE 04/06/2012: Ben Coltrin, the Developer of Custody X Change, contacted me by email to ask questions about this review and improve his product. Its great to hear from a legal software developer who’s interested in improving the product even after its enjoyed some success. I’ll be writing a further…
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Articles of Interest
Honda Recalls Weed Trimmers Due to Laceration Hazard
BySpringer & Lyle March 2, 2012March 28, 2025
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…
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From the Firm
The New “Loser Pays”
BySpringer & Lyle February 14, 2012March 28, 2025
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…
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Articles of Interest
Emotional Distress without Physical Damages – Supreme Court to Review
BySpringer & Lyle January 13, 2012March 28, 2025
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…
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Pharmaceutical Cases
The Risks of Using Generic Drugs
BySpringer & Lyle November 14, 2011March 28, 2025
by Sarah Hoffman, SpringerLyle ••• In June of 2011, the United States Supreme Court decided an important issue regarding the warning labels on prescription drugs in Pliva, Inc. et al v. Mensing. Mensing was a prescription drug failure-to-warn-case. It dealt with prescription drug companies’ failure to put accurate warnings on…
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Medical Cases
Cancer Risk linked to Diabetes Treatment
BySpringer & Lyle November 14, 2011March 28, 2025
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…
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Articles of Interest
No Better Care, Thanks to Tort Reform
BySpringer & Lyle October 27, 2011March 28, 2025
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…
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Medical Cases
Tragedy Brought on by Tainted Fruit
BySpringer & Lyle October 3, 2011March 28, 2025
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,…
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