Author Archives: Jay Butchko
U.S. Supreme Court Rules That Product Manufacturers Can Be Held Liable for Third-Party Modifications in Maritime Law Context
On March 19, the U.S. Supreme Court made an important decision regarding products liability and the ability for permits manufacturers to be sued for modifications made to their products by third parties. The lawsuit was brought by two veterans who alleged that they were injured by the asbestos present in the Navy equipment they… Read More »
Texas Supreme Court Reinforces the Importance of the Contract
The Texas Supreme Court recently made an important decision concerning oral representations made after two parties have already entered into a formal contract. Ultimately, the Court’s decision was that a party may not justifiably rely on oral misrepresentations made by another party when those misrepresentations are already contradicted by the terms of a contract… Read More »
Essential Steps When It Comes to Technology & Divorce
Today, one of the most important issues that you and your divorce attorney should work on involves how technology is involved in and affects your divorce. The reality is that these gadgets need to make things so much easier on you–or much harder–as we discuss below. Passwords First and foremost, it is very important… Read More »
Circumstances That Allow Plaintiffs to Sue Manufacturers for Medical Devices Already Approved By the FDA
A recent ruling by a federal magistrate judge could have major repercussions for medical device manufacturers; specifically, manufacturers and other companies connected to spinal cord stimulators. The Case The case was brought against St. Jude Medical, Inc., St. Jude Medical S.C., Inc., Abbott Laboratories, Inc. and Advanced Neuromodulation Systems, Inc. (d/b/a St. Jude Medical… Read More »
Why Product Liability Defense Is Increasingly Complex in an Era of Technological Innovation
Products liability law is complicated enough without also adding in the complication of artificial intelligence and the inability of the law to keep up with technological innovations. These innovations have been accused of killing individuals during surgical procedures, in industrial and factory accidents, and via semi-autonomous driving systems and cars. So how does this… Read More »
Texas Supreme Court Rules against Insurance Company in Deepwater Horizon Case
In late January, the Texas Supreme Court reversed an important state appeals court ruling that favored insurers. The case centered around the Deepwater Horizon drilling rig incident—the largest marine oil spill in U.S. history—and the legal disputes that lingered for years after concerning liabilities and insurance coverage for losses. The Case & Dispute Anadarko… Read More »
U.S. Supreme Court to Hear Important Toxic Tort Case with Huge Potential Liability to U.S. Businesses
The U.S. Supreme Court will soon hear a case that will have a significant impact on what is considered to be a toxic tort behavior on the part of businesses and other entities. Specifically, the case presents the question of whether indirectly releasing pollutants into the water constitutes a violation of the Clean Water… Read More »
High Stakes Product Liability Trial Begins
It is a products liability case that many are watching, as the outcome could very well affect hundreds of similar lawsuits around the country—A case brought against Monsanto’s Roundup weed killer by a man who claims that the product caused him to develop cancer. One jury already awarded another man close to $300 million… Read More »
The “Last Straw” Before Divorce, And What Might Surprise You
As attorneys who practice family law here in Texas, we assist many clients who are going through divorce each year. A number of these couples describe their need for divorce as a “last straw” situation, whereby the culmination of a series of issues makes someone realize that it is more painful to stay in… Read More »
Important Products Liability Case to Watch In 2019
There is one very important products liability case that will be argued in front of the U.S. Supreme Court in 2019 and should be watched closely by all manufacturers: Merck Sharp & Dohme Corp. v. Doris Albrecht, et al. The case was last decided by the Third Circuit in 2017, and involves allegations that… Read More »