Monthly Archives: July 2017
Prescriber Testimony Needed to Establish Causation in Medical Device Litigation
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 »
How Pursuing Damages for Infliction of Emotional Distress in Medical Device Claim is a Fruitless Endeavor
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 »
Supreme Court Slaps Down Blatant Forum Shopping by FELA Plaintiffs
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 »
Understanding the Texas Statute of Repose
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 »