Gandy v Camp Thurman: Trespassing and Texas Premises Liability Law
In late 2011, 30-year-old Arlington man Jeremy Gandy broke into the premises of popular outdoor-adventure destination Camp Thurman after hours in Pantego. Arriving on the grounds between 3 and 4 a.m., Gandy had been drinking heavily before his decision to enter the camp; after climbing over a rear fence, he scaled a 30-foot zip line...
Tesla Model S Crashes, Battery Cells Ignite in Pyrotechnic Display
Does anybody else like retro-futurism? You may have seen examples of it without knowing its name, but the label applies to what people of previous periods in history thought the future would look like. For instance, concept art generated in the fifties depicts smiling people in silvery jumpsuits strolling across a gleaming Martian city toward...
Attorney Versus Food: Fried Chicken, Frivolity, and Tort Reform
While personal injury lawsuits typically result from injuries or loss of life in motor vehicle crashes, defective premises, or botched medical procedures, some lawsuits have a more colorful origin. Unfortunately, these oddball lawsuits are the ones that get lots of press coverage and raise the ire of people who think that lawyers are looking to...
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...
Lawsuit of Jared Fogle’s Ex-Wife May Have Merit
A quick confession before I begin; I fully intended to start writing this article about how frivolous Katie McLaughlin's, Jared Fogle's ex-wife, lawsuit against Subway was. After all, one of the elements to prove in a lawsuit is that the defendant owed the plaintiff a duty, which the failed to fulfill. This failure has to...
WEN Class-Action Suit Receives Preliminary Settlement Approval
Continuing the saga I recently addressed about Chaz Dean's WEN Hair Care Products lawsuit, it looks like there has been some traction for the thousands of women who experienced adverse side effects from loyal use of the line of five-in-one shampoos. A federal judge in Los Angeles, where the consolidated class-action suit has been heard,...
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...
Are Meritor WABCO Air Brake Modulator Valves Dangerous?
This past Friday, a wrongful death suit was filed in Alabama on behalf of Jordan Mays Matson. Ms. Matson lost her life October 20, 2015 in a collision with an 18-wheeler. What makes this lawsuit different from a typical 18-wheeler wrongful death suit is that in addition to the truck driver and trucking company, a...
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...
McDonald’s Recalls Step-It Fitness Wristbands after Reports of Wrist Irritation
In mid-August, McDonald's Inc. announced a recall of its Step-It Fitness Tracker Happy Meal toys. Encouraged by the burgeoning market of fitness wearables like the FitBit health tracker, as well as "smart" wearables like the Apple Watch, the wristband-like wearable device functioned as a pedometer, ostensibly to encourage physical activity among its young wearers. No...
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...
Jurisdiction Measuring: Denton City Council Will Vote on Banning Handheld Device Use in Vehicles
Thanks in large part to increased safety measures in modern vehicles, crash fatalities saw a gradual decline for most of the 2000's. Unfortunately, that positive streak was broken by the increased prevalence and functionality of smartphones, which have become harder and harder to resist for the majority of the populace. We fiddle with them in...
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...
How Many People Could Be Hurt By Jeep Wrangler Airbags?
News broke today that Fiat-Chrysler is recalling 220,000 2016 and 2017 Jeep Wranglers due to a wiring issue, which could cause airbags not to inflate and seat pretensioners not to engage during an accident. At this time there have been no reported injuries or fatalities due to this product defect, but that may simply be...
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...
We All Scream: Cookie-Dough Supplier Behind Latest Blue Bell Recall
As of late September another recall has joined the list of recalled Blue Bell products, but this one appears to be related to their partner supplier Aspen Hills, Inc., who made the tainted cookie dough included in the newly recalled products. What does this mean for people who may have been exposed to potentially tainted...
