Just How Drunk is a .26 BAC?
A few days ago, our firm was hired on a case wherein a young woman went to a Buffalo Wild Wings, was served an obscene quantity of alcohol, and then died in an accident after the bar sent her on her way. Unrelated, a few members of our staff were having a conversation about the...
Compulsory Vaccinations: I Want My MMR
On July 1, California's state bill No. 277 went into action. This legislation effectively bans the admission of unvaccinated children to public schools for grades K-12. Children who have not been given the standard shots to help prevent serious diseases will not be allowed to attend school with their vaccinated peers. Laws like SB 277...
Examining The Validity of Pokémon Go Injury Claims
"It's all fun until someone loses an eye." Lately, I hear those words echo in my head whenever I contemplate the current Pokémon Go fad. Whattymon What? Pokémon Go is a downloadable smartphone-based app where the user plays the part of a "trainer," moving around the real world and attempting to catch cartoon animals (Pokémon)...
Why Lawyers Are Suing The Makers of Xarelto – Allegations, Justifications, and Big-Picture Implications
If you've watched TV in the past six months, chances are that you've seen a handful of lawyer commercials asking you to "call now" to begin your Xarelto lawsuit. Every example of these commercials that I've seen does an okay enough job explaining what the supposed side effects of Xarelto are, yet all of them...
We Need to Stop Using The Word “Accident.”
Many commonly used words can mean different things based on not only their context, but also who says them and who hears them. On one hand, it's interesting that language can be so flexible, but when so much hangs in the balance—such as in a legal case—it can be challenging to make one's self understood...
Cell Phones, Traffic Fatalities, and How the Law Works
The National Highway Transportation Safety Administration (NHTSA) made a startling announcement last week: If trends for the first half of the year hold for the rest of it, the United States may experience an 8% spike in traffic fatalities. This comes on the heels of several years of flat or declining numbers of victims on...
Can the Producers of “Legal Highs” be Sued Successfully?
The manufacturers of a class of custom-made drugs known as "legal highs" have seemingly found a way to sell incredibly dangerous products, deny the product's known usage, and then hide behind their disclaimer to avoid any legal accountability. We've got a problem with that. And, as we'll discuss, we think there may be a way...
What “The Wire” Teaches Us About the Justice System
When a client brings us a case, our first impulse is to investigate, while their desire is to get into a courtroom, hop up on the witness stand, and tell their side of the story. Their thinking goes that the quickest way to resolve a case is to get in front of jury, explain what...
Why The Law Lets You Sue Bars for Drunk Driving Accidents
This country has a big with drunk driving accidents, but we also have another problem that people rarely talk about—least of all in the news. I'm talking about bars and other licensed alcohol providers that over-serve their customers, who then get into the very accidents that we've been talking about. In this post, I'll briefly...
Why Texas Injury Law Works the Way It Does
Much of our site is devoted to explaining in great detail how Texas injury law works. Today, however, we wanted to do something a little different by focusing less on the nuts and bolts of how particular types of cases work and instead focus on why our state's injury laws work the way they do....
What Plastic Cutlery Can Teach Us About The Justice System
While I certainly believe that non-meritorious lawsuits are bad news and that no lawyer worth his salt should pursue such claims, I'm equally resolute in the belief that there is a huge difference between a plaintiff suing someone on completely baseless grounds and a plaintiff who legitimately believes what they're doing is right even though...
Myth: Most Lawsuits Are Frivolous
It's not exactly news that some people don't like lawyers. Actually, depending on whom you ask, lots of people don't like lawyers. One of the biggest reasons for that is the perception that many lawyers make money not by pursuing honest claims against those who've done wrong, but by waging endless frivolous lawsuits for personal...