Monthly Archives: August 2017
The Power of the Statute of Limitations
The statute of limitations is the period in which a plaintiff may file a lawsuit against a defendant for alleged harm. If a plaintiff fails to file a lawsuit in the allotted time period, then their claim can be challenged and tossed out of court. This is why the statute of limitations can be… Read More »
How to Combat a Claim Challenging the Adequacy of a Black Box Warning
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 »
Punitive Damages and Relative Risk – Key Concept That Could Influence Whether Punitive Damages Can Be Pursued by a Plaintiff
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 »
Lawyer Advertising May Be Causing Serious Harm to the Public
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 »