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…

Child Custody Tracking Software and Custody X Change

Child Custody Tracking Software and Custody X Change

**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…

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…

Emotional Distress without Physical Damages – Supreme Court to Review

Emotional Distress without Physical Damages – Supreme Court to Review

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…

The Risks of Using Generic Drugs

The Risks of Using Generic Drugs

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…