Author Archives: Jay Butchko
Corporate Liability for Accidents Involving Employees
We all know that driving and talking on the phone—or engaging in other distracted driving activities—can be extremely dangerous in terms of public safety, but what about corporate liability? When it comes to distracted drivers who are engaging in work-related activities, the reality is that private employers can sometimes be held liable for the… Read More »
Judge Kavanaugh’s Confirmation to the Supreme Court Will Bolster Corporate Interests
The confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court carries with it a number of implications when it comes to corporate regulations, liability, and business interests. Specifically, his confirmation is expected to significantly weaken a number of government regulations, such as those addressing bank regulations, elections, environmental regulations, climate change, net neutrality,… Read More »
SCOTUS Declining Lead Paint Ruling Could Open the Door to Broad Corporate Liability
On October 15, the U.S. Supreme Court declined to hear an appeal of a lower court’s ruling against paint manufacturers which orders them to pay more than $400 million for lead paint inspection and removal in a number of homes in the U.S. Experts predict that the Court declining to hear the case could… Read More »
With New Technology Comes a Changing Risk & Liability Landscape
While new technology promises to solve a number of human error-related problems in our everyday lives, it also carries with it a huge liability and insurance claim risk. For example, while workplace and auto accidents are expected to reduce over time due to the incorporation of new technology, cyber risk liabilities are expected to… Read More »
How Responsible Can An E-Commerce Company Be In Product Liability Litigation?
How does product liability litigation work in the modern workplace, where sellers like Amazon are not the same company as the designer, manufacturer, and often even the original seller? A product liability case recently brought in Southeast Texas against the company could address this very question. The lawsuit alleges that there were injuries due… Read More »
When Companies File Trademark and Libel Lawsuits against Each Other
In September, one energy company (Monster) filed a direct lawsuit against a similar corporation Vital Pharmaceuticals Inc. (VPX), claiming that it violated federal trademark statutes, unfair competition, false advertising, and trade libel laws; and demanding a jury trial. The lawsuit highlights just how business disputes often arise and result in litigation between companies in… Read More »
Tesla’s Elon Musk Sued by Shareholder
In a shareholder dispute that has captured headlines, one of the world’s most high-tech automotive companies, Tesla, and its CEO and entrepreneur Elon Musk, were sued by its own shareholders, who claim that Musk illegally inflated the company’s share price via tweeting about taking the company private in August. Reportedly, Musk tweeted that his… Read More »
Case Argued Before Texas Supreme Court Has Broad Implications for Companies & Anonymous Users
An interesting case that was argued in front of the Texas Supreme Court on September 19 is one that businesses should watch with respect to what is considered defamatory when it comes to allegations of bad business practices, and what violates privacy and speech laws. The case involves the online forum Glassdoor, which hosts… Read More »
Statute Of Limitations for Prenatal Toxic Torts
Although court decisions made in states outside of Texas do not dictate what Texas courts must do, they can, in some circumstances, influence decisions in our home state. To that effect, there is an important recent decision relevant to toxic tort defense out of the California Supreme Court this month (July 2018) that all… Read More »
Company Seeks Declaratory Judgment Relieving It of Liability In Connection With Shooting
MGM’s decision to sue 1,000 victims of the Las Vegas shooting last year has left many perplexed, wondering why a company would want to do that. In fact, companies will sometimes seek a declaratory judgment in a case like this in order to protect themselves from corporate liability in a variety of insurance defense… Read More »