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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 »

Lit1

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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Fifth Circuit Court of Appeals Recognized Product Development Protocol Preemption

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

In 2008, the U.S. Supreme Court entered a landmark decision in the field of product liability law. The case, Riegel v. Medtronic, Inc., 552 U.S. 312 (2008), established that product liability lawsuits filed under state law are preempted by the federal Medical Device Amendments of 1976 (MDA). The MDA created a “premarket approval” process… Read More »

ProdLiab2

Class Certification Run Amuck

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

The concept of class action lawsuits was based on noble intentions – allowing a group of similarly aggrieved claimants to take legal action against the same defendants in a single case. This was meant to improve the efficiency of the civil justice system by having a single class action lawsuit, as opposed to potentially… Read More »

Litigation2

Uber Driver Class Action Certified

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

Approximately 160,000 Uber drivers have banded together and filed a class action lawsuit against the innovative transportation company alleging that they are employees of Uber, not simply independent contractors. If the drivers are successful, it would place a major financial burden on the burgeoning company due to the regulatory and financial implications of employing… Read More »

ProductDef3

Alternative Design in Product Liability Claims

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

If a plaintiff alleges a consumer product harmed them, they have to clear some legal hurdles to prevail in a product liability lawsuit. In Texas, when a plaintiff alleges a product harmed them due to a defective design, they must prove that the product, as designed, was unsafe and: A less dangerous alternative design… Read More »

ProdLiab

Settlement Offers Do Not Moot Class Action Lawsuits

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

In Campbell-Ewald Co. v. Gomez, the U.S. Supreme Court addressed the issue of whether an offer of judgment under Federal Rule of Civil Procedure 68 made to a lead plaintiff in a class action lawsuit, in addition to a separate free-standing settlement offer in the same amount, renders a class action lawsuit moot. The… Read More »

FoodLabel

Label Liability? How Food Labels are a Growing Source of Litigation

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

Litigation surrounding the accuracy of food labels has grown exponentially over the years. Numerous potential class action lawsuits have been filed by “consumer advocate” groups alleging that products were improperly labeled and violated U.S. Food and Drug Administration (FDA) labeling requirements, according to the Chicago Tribune. Below is a list of some of the… Read More »

Insurance3

Lax Cybersecurity Protocols Can Cost Your Company Millions

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

The U.S. Department of Health and Human Services (HHS) hit the Children’s Medical Center of Dallas with a non-appealable $3.2 million fine based on alleged breaches of HIPAA-protected patient and personnel information, according to Healthcare Informatics.  HHS determined that there were at least three substantial breaches of electronic protected health information (ePHI) related to… Read More »

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1201 East Van Buren St.
Brownsville, TX 78522

Phone: 956-542-7441
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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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