Recent Blog Posts
FDA Recalls Medical Device Inherited by One Company That Also Now Faces Litigation
In August, the Food and Drug Administration (FDA) issued a recall of Abbott’s Ellipse Implantable defibrillators; allegedly due to potential failure of the aluminum wires associated with the product and their ability to provide defibrillation therapy. According to allegations, the devices have wires that are not fully insulated and, as a result, could short… Read More »
Appeals Court Reversal of $400 Products Liability Damages Award Against Johnson & Johnson Will Have Significant Consequences for Products Liability Actions
A recent appeals court decision dismissing a more than $400 million verdict against Johnson & Johnson in connection with the talcum powder products liability litigation will have significant consequences for a number of products liability actions. As a result, plaintiffs in the case have now petitioned the state’s supreme court to review the case…. Read More »
When Divorce Turns Men into Better Fathers
A number of parents—especially fathers—often find that divorce turns them into better parents because it forces them to take on more responsibility instead of waiting for their spouse to handle something or provide instruction to them. In other words, a number of fathers find divorce enabling as a parent. This is definitely an emerging… Read More »
Understanding The Difference Between FDA Approved and FDA-Cleared Is Crucial to Defective Medical Device Litigation
In general, the Food and Drug Administration (FDA) regulates the following products: Biologics; Cosmetics; Some Dietary supplements; Food additives; Infant formula; Medical devices (the FDA places them in one of three categories; class I, II, and III); Over-the-counter drugs; Prescription drugs; Products that emit radiation; Surgical implants; and Tobacco products. When it comes to… Read More »
The Most Important Child Support Issues in Family Law
As attorneys who practice family law here in Texas, we are regularly asked about child support issues by clients. Child-support has gotten increasingly complex over the years, especially as our society and courts move closer towards children spending 50 percent of their time with each parent. Still, there are instances where one parent is… Read More »
Court Finds Amazon Not Liable for Product Liability Associated with Product Sold Online—A Major Victory for Online Retailers
A major lawsuit won by Amazon sets the tone for product liability cases brought against similar online retailers. Specifically, in May, a federal appellate court affirmed a finding by a district court that online retailer Amazon is not liable for damages related to a product defect caused by a product that was purchased on… Read More »
Texas Supreme Court Paves the Way for Government Takings If There Is Any “Public Use Benefit”
A decision made by the Texas Supreme Court in late May will have significant repercussions for construction litigation, well property development. specifically, the Court held that the condemnation of land owned by a private developer was legal because it was done for a proper public use; even if it did benefit one business over… Read More »
Medical Device Makers May Soon Face Increased Risk of Product Liability Lawsuits
A new push to bring more artificial intelligence (AI)-based medical devices to the market could also open the door for more product liability lawsuits to be brought against manufacturers and companies if the technology changes after the device is approved by the Food and Drug Administration (FDA). Specifically, if the device changes significantly, it… Read More »
When Etsy and Small Business Owners Are Sued for Products Liability
When people think of product liability defense, they usually think of major products and manufacturers, such as the pharmaceutical industry. However, product liability claims also affect small business owners who sell on websites such as Etsy. Subsequently, in spite of the company’s disclaimers concerning product liability lawsuits, Etsy, its sellers, and related companies are… Read More »
U.S. Supreme Court Seeks Administration’s View On Important Software Copyright Case
On April 29, the U.S. Supreme Court asked the Trump Administration to provide its views on whether it should hear an important copyright lawsuit which could very broadly define the level of copyright protection for software in the industry. The case involves Google’s appeal to Oracle Corp’s copyright infringement lawsuit involving their Android operating… Read More »
