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How Pursuing Damages for Infliction of Emotional Distress in Medical Device Claim is a Fruitless Endeavor

By Colvin, Chaney, Saenz & Rodriguez, L.L.P. |

A common tactic utilized by plaintiff’s lawyers is to try and inflate the “pain and suffering” damages associated with a personal injury claim. This is attributed to the fact that economic damages (e.g., medical expenses and lost wages) may be insufficient to secure a sizable settlement or verdict that would be financially worthwhile for… Read More »

litigation

Supreme Court Slaps Down Blatant Forum Shopping by FELA Plaintiffs

By Colvin, Chaney, Saenz & Rodriguez, L.L.P. |

A tactic often used by plaintiff’s lawyers is forum shopping. This is a practice where a plaintiff’s attorney will file lawsuit in a particular court that they think is likely to provide a favorable judgment, according to U.S. Legal. In Sequa Corp. v. Aetna Casualty & Surety Co., 1990 Del. Super. LEXIS 303 (Del…. Read More »

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Understanding the Texas Statute of Repose

By Colvin, Chaney, Saenz & Rodriguez, L.L.P. |

Many people have a general understanding, or have at least heard, of the statute of limitations. This is a state statute that places a specific time limit on the ability of a plaintiff to file a civil case against a defendant, or defendants, for alleged harm. In the context of a personal injury lawsuit… Read More »

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Texas Court Slaps Down Plaintiff’s Attempt to Use Negligence Per Se to Circumvent Preemption

By Colvin, Chaney, Saenz & Rodriguez, L.L.P. |

Many plaintiff’s lawyers attempt to use the negligence per se doctrine to try to hold companies liable under provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). They claim an alleged violation of a safety-related provision of the FDCA to create a state law civil claim. This tactic runs counter to established state… Read More »

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Challenging the Admissibility of Alleged Product Risks a Plaintiff Never Actually Encountered

By Colvin, Chaney, Saenz & Rodriguez, L.L.P. |

A common trial strategy used by many plaintiffs is attempting to have an array of product risks admitted into evidence, even if the plaintiff was never actually exposed to those risks. In essence, these plaintiffs are throwing mud against the wall in the hopes that it will stick and thereby increase the likelihood that… Read More »

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Wrong Party Defense

By Colvin, Chaney, Saenz & Rodriguez, L.L.P. |

In some personal injury or death cases, the facts are so bad that one of the only viable strategies to employ by the defense is to point to the proverbial “empty chair.” This is sometimes referred to as “the wrong party defense.” The strategy is fairly straightforward – agreeing that the plaintiff was harmed,… Read More »

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Understanding the Learned Intermediary Doctrine

By Colvin, Chaney, Saenz & Rodriguez, L.L.P. |

A number of plaintiff’s lawsuits against drug manufacturers allege that the plaintiff failed to receive an adequate warning about a prescription drug’s side effects. As a result, the plaintiff allegedly suffered harm and seeks monetary damages from the manufacturer claiming a breach of the duty to warn. Defense counsel for the drug manufacturer can,… Read More »

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Advance Payments in Personal Injury Cases Must Be Credited

By Colvin, Chaney, Saenz & Rodriguez, L.L.P. |

In some personal injury cases, it may make sense for an insurance company to issue an advance payment to the plaintiff. This may be appropriate in cases where liability is not in dispute and the main issue at trial is the amount of damages. However, there is a downside to advance payments that expose… Read More »

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Mirena IUD Litigation Prime Example of Taking on Alleged Causation Experts

By Colvin, Chaney, Saenz & Rodriguez, L.L.P. |

There has been a bevy of litigation surrounding Mirena IUDs, a popular birth control device used by women across the country. A lawsuit was filed against the manufacturer alleging that the device caused idiopathic intracranial hypertension (“IIH”), which is a brain disorder resulting from increased pressure in the brain and central nervous system. Scant… Read More »

TruckIndustry

Banning Cell Phone Use by Commercial Truck Operators – Sound Policy or Over-Reaction?

By Colvin, Chaney, Saenz & Rodriguez, L.L.P. |

Many companies in the trucking industry are debating whether to implement an outright ban of cellphone use by their truck operators while they are behind the wheel driving on busy roads and highways. What spurred this discussion? The liability exposure of trucking companies that have lax cell phone policies for their drivers. A prime… Read More »

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Brownsville
Office

1201 East Van Buren St.
Brownsville, TX 78522

Phone: 956-542-7441
Fax: 956-541-2170

Edinburg
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323 West Cano, Suite 100
Edinburg, TX 78539

Phone: 956-542-7441
Fax: 956-380-0254

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Colvin, Chaney, Saenz & Rodriguez, L.L.P., represents clients throughout South Texas and the Rio Grande Valley, including people living in Brownsville, Harlingen, McAllen, Edinburg, Laredo, Corpus Christi, San Diego, Alice, Kingsville, Rio Grande City and other communities in Hidalgo County, Duval County, Jim Wells County, Kleberg County, Starr County, Cameron County, Webb County and Nueces County. -Site Map-

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