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1807 Westminster
Denton, TX 76205

940.387.0404

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You are here: Home / Archives for Appellate Court

Texas Appellate Courts are More Likely to Reverse Plaintiff’s Judgments

May 2, 2012 By admin Leave a Comment

gavel

The Dallas Morning News reports that a soon-to-be-released study shows Texas Appellate Courts reverse judgments for plaintiffs with alarming regularity, and at a dramatically higher rate than judgments for defendants: “The study, conducted by two appellate lawyers at Haynes and Boone, found the Texas appellate judges have an overall reversal rate of 49 percent when they review cases that the plaintiff won in the trial court and the defendant appealed. But those same judges reversed only 25 percent of the cases in which the defendant prevailed at trial and the plaintiff appealed. The Texas … [Read more...]

Filed Under: Articles of Interest, Bar Related Tagged With: Appeal, Appellate Court, Attorney, Denton, Injury, Insurance, Judgment, Lawsuit, liability, Litigation, Loser Pays, Medical Malpractice, Personal Injury, Texas

The New “Loser Pays”

February 14, 2012 By admin Leave a Comment

A lot of my friends have asked me about the new “loser pays” law and how I expect it to affect litigation in Texas.  For years, Texas and most other states followed the so-called, “American Rule” whereby litigants pay their own attorneys’ fees.  There were exceptions, such as certain statutory provisions that allowed recovery of attorneys fees in breach of contract, declaratory judgments, and other types of lawsuits.  The new law is a departure from our historical approach, and represents a Texas version of the “English Rule,” allowing the prevailing party to recoup attorneys’ fees and … [Read more...]

Filed Under: Bar Related, From the Firm Tagged With: Appellate Court, Attorney, Attorney’s Fees, Contract, Denton, Fees, Insurance, Judgment, Lawsuit, Lawyers, Litigation, Loser Pays, Personal Injury, Recovery, Settlement Offer, Texas

Emotional Distress without Physical Damages – Supreme Court to Review

January 13, 2012 By admin Leave a Comment

With a hat-tip to the blog, “How Appealing,” the ABA Journal is reporting that the 9th Circuit Court of Appeals has asked the Washington Supreme Court whether its product liability laws will allow a recovery emotional distress damages without evidence of any other injury. The case is based upon “glob of spit” found by a sheriff’s deputy on a Whopper. The deputy reportedly got an “uneasy feeling” about two of the Burger King’s employees, so he opened his burger before taking a bite. When he looked under the bun, Thomson Reuters News & Insight and SeattlePI.com report that he noticed a … [Read more...]

Filed Under: Articles of Interest, Bar Related Tagged With: Anxiety, Appellate Court, Damages, Denton, Emotional Distress, Insomnia, Nausea, Personal Injury, Physical Injury, Recovery, Supreme Court, Texas, Vomiting

The Risks of Using Generic Drugs

November 14, 2011 By admin Leave a Comment

by Sarah Hoffman, SpringerLyle ••• In June of 2011, the United States Supreme Court decided an important issue regarding the warning labels on prescription drugs in Pliva, Inc. et al v. Mensing.  Mensing was a prescription drug failure-to-warn-case.  It dealt with prescription drug companies’ failure to put accurate warnings on their drug labels, leading to patients taking dangerous drugs that they otherwise would not have taken. In Mensing, the Court held that name-brand manufacturers of prescription drugs have an obligation, both under the federal regulations and under state common … [Read more...]

Filed Under: From the Firm, Health, Medical Cases, Pharmaceutical Cases Tagged With: Appellate Court, Attorney, consumers, Denton, Drugs, Failure-To-Warn-Case, FDA, Food and Drug Administration, generic manufacturer, Injury, manufacturer, name-brand, name-brand manufacturer, Personal Injury, Prescription Drugs, Texas, Warning, Warning Labels

Hair Removal Service Not Protected Under Health Care Liability Act

July 26, 2011 By admin Leave a Comment

from Texas Lawyer Bioderm Skin Care LLC v. Sok Tx. App. Dist. 5 Kerry P. Fitzgerald Justice 05-10-00044-CV 06-28-2011 OPINION Before Justices Morris, O'Neill, and FitzGerald Opinion By Justice FitzGerald Appellee Veasna "Sandee" Sok sued Bioderm Skin Care, LLC ("Bioderm") and Quan Nguyen, MD, seeking to recover damages for burns she suffered during a laser hair removal procedure at Bioderm. Bioderm and Nguyen contend Sok’s claims are health care liability claims and are subject to Chapter 74 of the Texas Civil Practice and Remedies Code. Accordingly, they moved to … [Read more...]

Filed Under: Medical Cases Tagged With: Accident, Appellate Court, Attorney, Bioderm Skin Care, Denton, Doctor, Hair Removal, Injury, Laser, laser hair removal, Lawsuit, Lawyers, liability, Litigation, Personal Injury, Physician, Second-Degree Burns, Texas, Treatment, Under Health Care Liability Act

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Articles of Interest

Honda Worldwide Recall of Sedans, Minivans, SUVs

By Deepa Seetharaman and Bernie Woodall of Reuters. Honda Motor Co Ltd plans to recall nearly 2 1/2 million vehicles: small SUVs, cars and minivans worldwide. This includes the popular Accord sedan. … [Read More…]

Hip Implant Complaints Increase, While Dangers Are Reviewed

By BARRY MEIER and JANET ROBERTS of the New York Times Published: August 22, 2011 The federal government has received a surge in complaints in recent months about failed hip replacements, suggesting … [Read More…]

Tragedy Brought on by Tainted Fruit

By Moni Basu, CNN William Beach was one of those people who fixated on certain foods. He would eat the same thing voraciously for a few days, and then, when he tired of the same tastes, he moved onto … [Read More…]

No Better Care, Thanks to Tort Reform

Published in The Texas Tribune by guest columnist, Charles M. Silver In 2006, Dr. Howard Marcus wrote that Texas’ 2003 tort reform statute sparked an “amazing turnaround” in which doctors came … [Read More…]

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Denton, TX 76205

phone: 940.387.0404
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