Monthly Archives: December 2018
Jury Verdict in Monsanto Toxic Tort Case Highlights Remaining Scientific Uncertainty
A recent jury verdict in the amount of $289 million against the agribusiness Monsanto in connection with whether their product “Roundup weed-killer” (glyphosate)—one of the common herbicides used globally—causes cancer has a number of companies that can be sued for toxic tort issues concerned, and highlights just how tricky these types of cases can… Read More »
Using Assumption of the Risk Defense in Product & Premises Liability Claims
As attorneys who work in product liability defense here in Texas, one of the most common defenses we rely on is a doctrine known as the implied assumption of risk. This refers to a plaintiff acquiescing or consenting in an appreciated, known, or obvious risk to their safety. The doctrine can frequently preempt having… Read More »
U.S. Supreme Court Lets Texas Corporate Officer Liability Decision Stand
In November, the U.S. Supreme Court denied hearing the appeal of a Texas Supreme Court ruling finding that a corporate officer was personally liable under Texas law for failing to comply with a hazardous waste compliance plan. In doing so, it let stand the court’s finding that corporate officers can be held personally liable… Read More »
November Update: Texas Product Liability Claims
In late November, a number of new product liability cases were filed in Southeast Texas. The first was filed against Samsung Electronics America, Inc., claiming that a defective Smartphone exploded while the plaintiff was holding it; allegedly because the manufacturer failed to meet basic safety standards and did not provide a warning when they… Read More »