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Tag Archives: Brownsville Product Liability Defense Lawyers

Powder

Importance of Post-Trial Motions Highlighted in Talc Powder Jury Verdict

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

A recent jury verdict against Johnson & Johnson made national headlines. The jury awarded a woman who alleged she developed ovarian cancer after using Johnson & Johnson talcum powder products for decades. The verdict was a staggering $417 million in damages ($70 million for compensatory damages and $347 million in punitive damages), according to… Read More »

LegAdvice2

FDA Preemption is Sound Public Policy

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

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 »

Legal3

Challenging Causation Testimony Under Daubert

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

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 »

litigation

Supreme Court Slaps Down Blatant Forum Shopping by FELA Plaintiffs

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

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 »

Legal2

Understanding the Texas Statute of Repose

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

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 »

laptopgavel

Challenging the Admissibility of Alleged Product Risks a Plaintiff Never Actually Encountered

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

A common trial strategy used by many plaintiffs is attempting to have an array of product risks admitted into evidence, even if the plaintiff was never actually exposed to those risks. In essence, these plaintiffs are throwing mud against the wall in the hopes that it will stick and thereby increase the likelihood that… Read More »

Claims2

Understanding the Learned Intermediary Doctrine

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

A number of plaintiff’s lawsuits against drug manufacturers allege that the plaintiff failed to receive an adequate warning about a prescription drug’s side effects. As a result, the plaintiff allegedly suffered harm and seeks monetary damages from the manufacturer claiming a breach of the duty to warn. Defense counsel for the drug manufacturer can,… Read More »

ProdLiab2

Class Certification Run Amuck

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

The concept of class action lawsuits was based on noble intentions – allowing a group of similarly aggrieved claimants to take legal action against the same defendants in a single case. This was meant to improve the efficiency of the civil justice system by having a single class action lawsuit, as opposed to potentially… Read More »

ProdLiab

Settlement Offers Do Not Moot Class Action Lawsuits

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

In Campbell-Ewald Co. v. Gomez, the U.S. Supreme Court addressed the issue of whether an offer of judgment under Federal Rule of Civil Procedure 68 made to a lead plaintiff in a class action lawsuit, in addition to a separate free-standing settlement offer in the same amount, renders a class action lawsuit moot. The… Read More »

FoodLabel

Label Liability? How Food Labels are a Growing Source of Litigation

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

Litigation surrounding the accuracy of food labels has grown exponentially over the years. Numerous potential class action lawsuits have been filed by “consumer advocate” groups alleging that products were improperly labeled and violated U.S. Food and Drug Administration (FDA) labeling requirements, according to the Chicago Tribune. Below is a list of some of the… Read More »

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Brownsville, TX 78520

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Edinburg, TX 78539

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Colvin, Saenz, Rodriguez & Kennamer L.L.P., represents clients throughout South Texas and the Rio Grande Valley, including people living in Brownsville, Harlingen, McAllen, Edinburg, Laredo, Corpus Christi, San Diego, Alice, Kingsville, Rio Grande City and other communities in Hidalgo County, Duval County, Jim Wells County, Kleberg County, Starr County, Cameron County, Webb County and Nueces County. -Site Map-

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