Category: Legal Blog

A disturbing trend is emerging due to “tort reform” Fewer injured consumers are able to be fully compensated through the court system and more are being forced onto taxpayer-funded government and charity healthcare programs. For example, a baby injured by medical negligence can’t recover damages because of tort reform, and thus is cared for from now on by Medicaid. Or…
NBC5 (KXAS-TV) recently reported that a disproportionate number of drunken driving crashes have occurred near AT&T Stadium and the Rangers Ballpark in Arlington, homes to the Dallas Cowboys and the Texas Rangers. See Scott Friedman’s report below. The NBC5 investigative report was unable to identify any specific businesses, etc., that fueled the concentration of drunken-driving crashes there. As a…
At one time or another, we’ve all seen a heavy truck operated in an unsafe manner. To eliminate bad drivers from causing roadway dangers, the Federal Motor Carrier Safety Administration (CSA) has set out to rate big-rig drivers base on their fitness to operate their vehicles. But don’t get behind the wheel thinking these ratings will take effect soon….
Another report of Heparin overdosing of premature babies, this time involving up to 14 babies at Christus Spohn hospital in Corpus Christi. Two of the overdosed babies, twin siblings, have died. “Christus Spohn (Health System) confirms that an error occurred during the mixing process in our hospital pharmacy,” Chief Medical Officer Dr. Richard Davis said in a prepared statement….
The U.S. Supreme Court released its opinion on whether Exxon should pay $2.5 billion in punitive damages arising out of the 1989 Exxon Valdez disaster. In a decision that comes as no surprise to anyone…except maybe those who expected that the court would throw out punitive damages in their entirety…the court reduced the punitive damages from $2.5 billion to…
Horrible crane collapse in New York City again, resulting in the death of at least one construction worker and injury to a pedestrian. Eyewitness reports describe a catastrophic scene, like a drawn-out car wreck with screeching metal and even fire. A crane collapsing from a high-rise must be a terribly frightening sight….
Good recent New York Times op/ed discussing preemption, the trumping of state law by federal law and a favorite tool of the current administration to further close the courthouse door on consumers. Among other observations (such as how the Bush Administration issued rules preempting state banking laws – over the objection of all 50 states’ banking superintendents – and…
Well, no surprise here, but appellate courts in Texas and New Jersey overturned two jury verdicts against drug giant Merck in cases over its drug Vioxx. Regarding the Texas court, Plaintiff’s lawyer Mark Lanier said, “It’s a sad day that they can write a 10-page opinion and wipe out a widow’s verdict with a new judicial activism that reinterprets the…
The Texas Department of Insurance and Allstate entered into an agreement whereby the insurance giant will refund some money to policyholders and reduce their rates. The Fort Worth Star-Telegram reports that Allstate must pay $36.8 million in refunds for new and renewal policies written between Dec. 1, 2004 and April 23, 2006; give credits or refunds that amount to…