by Jeff Springer, SpringerLyle ••• Texas adopted the “Texas Lawyers’ Creed” several years ago in response to the rising incivility among opposing trial lawyers. Now other states are apparently following suit. The Florida Supreme Court issued an order (PDF) on Monday adopting a civility pledge as part of the oath, the Legal Profession Blog reports. The new language reads: “To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications.” South Carolina adopted a similar pledge in 2003, the supreme court … [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 that serious problems persist with some types of artificial hips even as researchers scramble to evaluate the health dangers. An analysis of federal data by The New York Times indicates that the Food and Drug Administration has received more than 5,000 reports since January about several widely used devices known as metal-on-metal hips, more than the agency had received about those devices in the … [Read more...]
Hair Removal Service Not Protected Under Health Care Liability Act
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...]
What’s Fair Is Fair: Rise in FDCPA Cases Offers Opportunities for Lawyers
From The Texas Lawyer, July 18, 2011 With the economic downturn, the number of consumer credit-related suits filed in U.S. District Courts in Texas has steadily increased over the past five years. In 2005, 81 such cases were filed in Texas, according to PACER, the federal courts' online filing system. But in 2010, that number rose to 390. The trend is on track to continue this year. From Jan. 1 to June 30, 2011, the number of consumer credit-related cases filed in Texas' U.S. District Courts totaled 263, compared to 190 for the same period in 2010, PACER shows. The numbers include consumer … [Read more...]
5th Circuit to Decide If Judge Correctly Appointed Receiver
From The Texas Lawyer, July 25, 2011 Can a federal judge put what he calls a "vexatious litigant" into receivership after the litigant allegedly fails to pay hundreds of thousands of dollars in fees to more than 20 lawyers and law firms? That is one of the questions the 5th U.S. Circuit Court of Appeals is considering in an appeal brought by a businessman and his company. On May 28, 2009, Netsphere filed its original complaint in Netsphere, et al. v. Jeffrey Baron and Ondova Limited Co. in the U.S. District Court for the Northern District of Texas. Netsphere sued Baron and his company, … [Read more...]
FDA Reports Cancer Risk from Osteoporosis Drugs
An FDA Safety Alert issued today warns that taking oral osteoporosis drugs (“bisphosphonates”) may cause an increased risk of esophageal cancer. This category of drugs includes Fosamax, Actonel, Boniva, Atelvia, Didronel, and Skelid. Esophageal cancer and other esophageal problems have been reported in connection with use of the drugs, and the FDA is reviewing data from published studies to determine whether a link exists. The FDA posted the following recommendation in its Safety Alert: “Patients should talk with their healthcare professional about the benefits and risks of taking oral … [Read more...]
Chrysler Recalls Three Models of Ram trucks
News Source: The Kansas City Star - July 13, 2011 Chrysler Motor Corporation announces a recall nearly 250,000 Ram pickups because of a faulty part in the steering system which can cause loss of control. This recall affects Chrysler’s top-selling vehicle and covers about 243,000 Ram 1500, 2500 and 3500 pickups ranging from year models 2008 through 2011. The National Highway Traffic Safety Administration reports that a part near the left front wheel can fracture and risk potential crash of the vehicle. … [Read more...]
Child Booster Seat Recall
Product • Circo Child Booster Seats, sold nationwide at Target stores from January 2005 through June 2009. Price was roughly $13. News source: The Salt Lake Tribune - Jul 13 2011 Booster seats recalled by the Consumer Product Safety Commission. Please consider, discontinuing use of this product immediately and return to the store where purchased for a refund. For more information about the products, call the manufacturer or Consumer Product Safety Commission’s toll-free hotline, 800-638-2772. Problem Detail: The booster’s seat restraint buckle can open unexpectedly, allowing a … [Read more...]
Toyota Plans Recall of Hybrid SUVs
Toyota Hybrid SUVs May Suddenly Lose Power or Stop Completely by By Jonathan Welsh of The Wall Street Journal - June 29, 2011 2011 Toyota Highlander Toyota Motor Corp. said today it will recall about 82,200 hybrid sport-utility vehicles to correct an electronic problem that could cause the vehicles to lose power or stop running completely. The car maker said the recall includes about 45,500 Highlander Hybrid and 36,700 Lexus RX 400h models from the 2006 and 2007 model years and sold in the U.S. The company said no other Toyota or Lexus vehicles are involved in the recall. Toyota … [Read more...]
G.M. Recall for Inaccurate Shift-Lever Reading
Recall of Almost 6,800 Pickups By CHRISTOPHER JENSEN of The New York Times 2011 GMC Canyon, one of the models affected in a recall by General Motors. General Motors is recalling almost 6,800 pickups from the 2011 model year because they might roll away even when the automatic transmission’s selector appears to be in Park. The automaker also said it recalled 739 pickups and sport utility vehicles because of a possible loss of steering. The pickups affected by the shift-lever issue are the Chevrolet Colorado and GMC Canyon equipped with the 4-speed automatic and either the … [Read more...]
