ARC Automotive Under NHTSA Investigation for Possibly Faulty Airbags, Refuses to Cooperate
I'm sure by now most people are familiar with the word "Takata." If they don't recognize the name, the controversy that popularized it is even more familiar; the Japanese auto-parts manufacturer is responsible for one of the largest worldwide vehicle recalls of all time. American and Japanese automakers contracted with Takata to provide airbag assemblies...
Is it True that “Anything Goes” With Personal Injury Lawyer Ads?
From time to time I like to check in on Sick of Lawsuits, one of many fake grassroots tort-reform organizations set up by the Chamber of Commerce. They must have been in the Halloween spirit with the article they published October 31st, because while trying to trick the public, they treat us to their commitment...
U.S. Safety Agencies Commit to Eliminating Traffic Fatalities in Next 30 Years…But How?
As I recently learned, several regulatory agencies and private safety firms have pledged to try and eliminate traffic fatalities within the next 30 years. The details of the conference and the proposed initiatives haven't been made public yet, but it is likely that they will borrow heavily from similar projects taking place across Europe, particularly...
Once, Twice, Three Sips a Criminal in Texas?
I had an odd experience a couple of weeks ago. I met up with a friend at a bar, which was moderately crowded. There were some open seats, but they were all bunched too close to people and other groups for me to feel comfortable grabbing one. Doing what any reasonable person would do, I...
Crash Statistics Reflect Increased Traffic Fatalities in First Half of 2016
In early October, federal officials released the preliminary estimates of U.S. traffic fatalities during the first six months of 2016. Fatalities have risen by an estimated 10.4 percent since the government's last assessment. This continues an unpleasant trend that began during 2014's economic recovery and hasn't stopped climbing since. For example, 2015's fatalities clocked in...
Law Professors Misunderstand Texas Work Injury Law
UPDATE: Way to go Austin American-Statesman! It appears the editorial has been removed from their website. An editorial appeared in the Austin American-Statesman that was troubling, to say the least. Law professors Thomas McGarity and Sid Shapiro opined on the need for Texas to strengthen its workers' compensation laws and among other things end the...
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 start with injuries or loss of life from 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 liquor on...
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, that's the one heard most: When placed in a position of absolute authority over their peers, people will often find a way to abuse that power....
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 growing 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 Sanction 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...
