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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 »

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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 »

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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 »

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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 »

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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 »

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Edinburg, TX 78539

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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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