Wisconsin HS Admin. and Intentional Infliction of Emotional Distress
Students were awaiting morning announcements, when over the a Brodhead, Wisconsin school's PA system, they were informed that four of their classmates had been killed in a car accident. Having heard announcements of other student's deaths when I was an high school, I can only imagine the shock, confusion, and strange array of emotions that...
The Estate Of Marc Palotay et al v. Studio City Fitness Gym: Analysis and Premises Liability Law
Not every state law makes a great deal of sense. Some laws are left over from drastically-different periods in history, and others are clearly issued in response to specific situations the legislature didn't think it would ever have to address. For example, in my home state of Texas vendors are forbidden from selling any liquor...
Eckert v City of Deming et al: A Study in the Violation of Civil Liberties
It's sometimes easy to take for granted the freedoms we have as American citizens. I'm not necessarily talking fireworks-and-bald-eagles-grade freedoms, but the more subtle permissions and entitlements we enjoy. Our right to speak our minds is federally protected, as is our right to arm ourselves. Thanks to the Bill of Rights' guarantees of certain civil...
Johnson & Johnson Loses Third Talcum-Powder Cancer Trial, Pays Out $70 Million
Last week on Thursday, October 27, multinational conglomerate Johnson & Johnson lost its third consecutive trial with respect to its allegedly-carcinogenic talcum powder products. After three long hours of deliberations, a jury awarded the plaintiff the sizable sum of $70 million, the third such award granted to a plaintiff in these proceedings. Specifics of the...
Space Inflamers: Defective Space Heaters Can Cause Fires and Injury
When temperatures plunge, many search for a cost-effective alternative to turning on the central heating system: space heaters. Small, localized sources of heat that give you the warmth you're looking for without wasting the energy it takes to heat parts of your home you're not occupying. With a variety of colors and styles to choose...
The Cost of Belonging: Hazing Injuries and the Law
"Power tends to corrupt, and absolute power corrupts absolutely." So said Lord John Dahlberg-Acton in the 19th Century. Of his varied and highly-quotable commentaries as a historian and politician, this is the one that best stuck with us as a society. When placed in a position of absolute authority over their peers, people will often...
What are the Limits of a Court’s Power? Musnuff v. Haeger
In that article, I mentioned larger issues and more technical legal matters that dealt with the powers of the court. Rather than muddying up the waters and trying to take on both subjects at the same time, it seemed prudent to re-visit these issues in their own article. Musnuff v. Haeger, which will be heard...
Hyundai Recalls Sonata for Ejecting Sunroof
In what had to be an embarrassing press release, Hyundai Motors announced the recall of certain 2015 and 2016 Sonata models with panoramic sunroofs. An estimated 62,811 "potentially affected" vehicles are believed to on the road at this time. It appears the affected Sonatas have problems keeping the sunroofs' tempered glass sheets secured to the...
Hyundai Genesis Coupes Recalled for Airbag System Error
Hyundai Motors has announced a recall of over 84,000 Genesis Coupe vehicles, effective December 2. It appears that once again, airbags are the central issue of an automotive recall. According to Hyundai, Genesis Coupes sold from 2010 through 2016 may suffer from electrical problems that affect airbag deployment. Given that the 2010 model was the...
Fiat Chrysler Recalls Late-Model Jeep Wranglers for Airbag Wiring Fault
Another day, another auto recall for airbags that blow up, burst out randomly, or fail entirely. Fiat Chrysler Automobiles (FCA) has announced a recall of approximately 224,000 vehicles with potentially-faulty airbag sensors. The worldwide recall affects certain 2016 and 2017 models of the Jeep Wrangler SUV. In information released to the NHTSA, Fiat Chrysler notes...
The House on Liability Hill: Haunted Houses and Premises Liability
Texas is just beginning to see the first signs of fall! I can tell because the temperature occasionally slips below 75 degrees and the ubiquitous "pumpkin spice," at this point a self-referential pop culture trope, has once again appeared in every conceivable form. And of course, Halloween approaches! Given how close October 31 is to...
The Electric GM Battery Test: Lithium and the Law
As circumstances have forced us to report several times recently, lithium-ion battery technology is far from perfect. A fully-depleted lithium-ion battery cannot be conventionally disposed of, as it required specialized recycling or hazardous-waste disposal. More than that, the composition of the battery can make it prone to thermal runaway events, which cause the battery to...
A Tale of Two Torts: Taxotere and WEN Hair Care
Like it or not--deny it or not--image is important to all of us. How we define ourselves is partly shaped by how we are perceived, or at least how we *think* we are perceived, by others. One area that commands a great deal of attention during our normal routine is our hair. It's a vital...
Dallas County Bus Driver Scandal and Bus Accident Law
NBC 5, in some great reporting, recently broke a story about Dallas County school bus drivers and the ridiculous number of traffic citations they've received since the beginning of 2014. As a result, Dallas County Schools terminated 13 drivers and suspended an additional 229 drivers who cumulatively received 480 traffic tickets since January 1, 2014....
Improperly-Loaded Trailers Are a Serious Road Hazard.
A buddy of mine recently moved across town. To get the contents of his apartment from point A to point B, he rented a trailer to hitch to his car. It sounded good, but as we got started, it came to light he had no idea there was a "right" way to load the trailer....
Premises Liability: What Can I Do If I’m Injured While Staying at a Hotel?
I was recently in Austin for a client mediation and had an experience that many travelers encounter: A disgusting hotel room that smelled of stale cigarettes and mold. Thankfully it wasn't the busy time of year and I found better lodging, but not everyone is so lucky. Since poorly-maintained hotel rooms not only offend the...
Tyson Chicken Nugget Recall & Texas Products Liability Law
Tyson Foods, Inc. recently issued a recall of 132,520 pounds of pre-cooked chicken nuggets. According to their release, some of the 66+ tons of Panko Chicken Nuggets involved in the recall contain pieces of hard plastic within their processed pieces. The U.S. Department of Agriculture's Food Safety Inspection Service is helping to circulate the Class...
What Do I Do if I’m Injured by a Power Morcellator?
A common but highly-unwelcome occurrence for women is the development of uterine fibroids, small generally-benign tumors that cause considerable pelvic and abdominal pain, getting worse as they grow. Uterine fibroids occur when muscle tissue in the uterus begins to grow abnormally, though science is not yet certain of the reason for this ailment. Fibroid tissue...
Can People Seek Compensation for Zika Infections?
By now I'm sure you've heard that term; Zika is the latest mosquito-borne disease to strike fear into our hearts, following the grand tradition of West Nile, yellow and dengue fevers, and malaria. While its impact on generally healthy adults seems to be minimal--outside of exceptionally rare cases of Zika-related Guillain-Barre Syndrome--it's still undoubtedly unpleasant,...
Quality Control Issues with Smith & Wesson M&P 15-22?
Leaving aside the meta-issue of gun ownership currently burning its way through the comments section of your favorite social media, I think we can all agree that if a person is to own a firearm, it would be great if that firearm were trustworthy and not prone to surprising "quirks." Recent reports from Project Appleseed,...
