Hello, Operator? FDA Probe Reveals Unreported Medical Device Injuries

The ancient Greek physician Hippocrates is often called "The Father of Western Medicine." Among his contributions to the medical world are several of its terms and information about how to diagnosed several pulmonary disorders. He is credited as the inspiration for the Hippocratic Corpus (hence its name), which is a series of over sixty lectures,...

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...

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...

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...

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, 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....

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 "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 November 8,...

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

One area that commands a great deal of attention during our normal routine is our hair. It's a vital element to many people's self-image; unfortunately, consumer culture even tends to stigmatize hair loss as a sign of aging and/or devaluation. It can be difficult and expensive to treat or hide hair loss, and it can...

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....