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How to Combat a Claim Challenging the Adequacy of a Black Box Warning

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

In product liability litigation, some plaintiffs attempt to claim that a manufacturer failed to warn them of the potential risks and side effects associated with a medical device or prescription drug. When such a claim is raised, it is important for your Brownsville defense lawyer to be prepared and ready to challenge the viability… Read More »

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Punitive Damages and Relative Risk – Key Concept That Could Influence Whether Punitive Damages Can Be Pursued by a Plaintiff

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

According to § 500 and § 908 of the Second (Restatement) of Torts, evidence of “recklessness” on the part of a product manufacturer that would enable a plaintiff’s attorney to pursue punitive damages above and beyond their claim for economic and non-economic damages is a  “high degree of risk” of bodily injury or death…. Read More »

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Lawyer Advertising May Be Causing Serious Harm to the Public

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

You have probably seen television commercials, heard radio advertisements, and encountered a banner advertisement on your computer featuring a plaintiff’s attorney decrying the side effects of a drug or medical device. Advertising by plaintiff’s lawyers has surpassed $1 billion and continues to grow, according to the ABA Journal. Lawyer advertising exclusively in the prescription… Read More »

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Prescriber Testimony Needed to Establish Causation in Medical Device Litigation

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

In mass tort litigation where thousands of claimants are involved, it is quite common or plaintiff’s lawyers to procrastinate in cultivating their cases and may neglect securing prescriber testimony. This is a big oversight that your Brownsville medical device defense attorney should seek to capitalize on. Why? Because if a plaintiff does not have… Read More »

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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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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
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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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