Monthly Archives: September 2017
Whacky Class Actions Becoming More Common
When someone says, “class action lawsuit” your mind may be triggered by thoughts of alleged bodily injuries or alleged adverse reactions to a prescription medication. This is because, historically, a class action lawsuit involved a plaintiff bringing a civil claim on behalf of other class participants who alleged sustained the same or similar injuries…. Read More »
FDA Preemption is Sound Public Policy
Courts in Texas have decided to defer to the U.S. Food & Drug Administration regarding labeling and safety decisions. This public policy makes sense. It gives product manufacturers clarity on the process they must adhere to when developing and marketing prescription medications and medical devices. This clarity then promotes predictability and greater efficiency. It… Read More »
Challenging Causation Testimony Under Daubert
In Texas courts, the 700 series of rules of evidence control the use of experts in civil cases. Under these rule, the trial judge acts as a gatekeeper for the admission of expert testimony. Judges review the expert testimony to ensure it meets a number of prerequisites established by the U.S. Supreme Court in… Read More »
Strategy for Getting a Case Out of State Court and into Federal Court
Plaintiffs lawyers often try to invoke something commonly referred to as the forum defendant rule in order to keep a defendant in state court where the plaintiff attorney believes they have a better chance of securing a verdict in their favor. This rule is codified in Chapter 21 of the United States Code §… Read More »