Author Archives: Jay Butchko
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 »
New Tax Strategies That Could Make Divorce Settlements Easier
Now that the alimony deduction has disappeared, there are a number of new tax strategies that divorce lawyers have worked on in order to make divorce settlements easier. Divorce negotiations understandably became more difficult this year due to the sweeping overhaul of the tax code. A number of people ended up owing more than… Read More »
FDA Makes Major Announcement Halting Sales of Medical Device Pelvic Mesh
On April 16, the Food and Drug Administration (FDA) made a significant announcement concerning the medical device known as the pelvic mesh. Specifically, the FDA ordered all medical device companies still selling the product to stop sales and distribution throughout the United States. The product was manufactured and has been used since the 1970s… Read More »
U.S. Supreme Court Makes Landmark—and Long Overdue—Copyright Infringement Decision
On March 4, the U.S. Supreme Court made a landmark decision finally bringing copyright law in line with patent and trademark law. Specifically, the Court ruled that, in order for a business or other part to sue for copyright infringement, the copyright owner must have their Federal Copyright Registration in possession, i.e. completed. Until… Read More »