Author Archives: Jay Butchko
The Difference between “Seller” and “Marketplace” in Product Liability Litigation
June marked another successful liability ruling in Amazon’s favor, where yet another judge found that even though a product was purchased off Amazon’s website, Amazon itself was not responsible for damage or injuries caused by that product (i.e. in a product liability claim). This particular case involved an “exploding hoverboard,” which reportedly burned down… Read More »
Tools to Defend Against Improper Manufacturing and Marketing Claims
There has been a scourge of product liability lawsuits brought this spring against drug manufacturers that all drug companies should be aware of. While previous industries were often left unprotected and vulnerable to claims like these brought in court, legislators have incorporated immunity into various laws in order to help companies defend against design,… Read More »
Texas Supreme Court Clarifies Rules Governing Insurance Bad Faith Claims & Damages
Insurance bad faith claims can be complicated in the state of Texas, as recently highlighted by a recent Texas Supreme Court decision. Yet the case also highlights some important “rules” pointed concerning the Texas Insurance Code, as we discuss in greater detail below. The case involved insurers and practitioners faced with statutory bad faith… Read More »
Texas Families Suing General Motors under Questionable Crashworthiness Claims
In April, two Texas families sued General Motors for alleged safety defects involving vehicle head restraints linked to two separate accidents, both of which involved the 2016 Chevy Malibu. The lawsuits allege that one of the drivers was killed—and the other paralyzed from the neck down—when they were rear-ended last October as a result… Read More »
Product Liability Claim Filed Against “Ice Cream” Manufacturer
Product liability litigation isn’t just limited to claims related to auto accidents or claims against medical device manufacturers; it can also be brought in relation to alleged labeling and deception claims. Take, for example, the recent lawsuit filed against the company Halo Top by a consumer who claims that he was tricked into purchasing… Read More »
In Spite Of Department of Justice’s Lenient Approach to Corporate Liability, Texas Supreme Court Upholds Claim against Corporate Officer
The national Justice Department (DOJ) has repeatedly assured the U.S. business world that they plan to take a hands-off approach when it comes to corporate liability. Specifically, federal prosecutors have implemented leniency with regard to the Foreign Corrupt Practices Act (FCPA), deciding not to prosecute when a corporation voluntarily discloses violation(s) to the government…. Read More »
Court Rules That Government Contractors May Be Liable Under CERCLA in Toxic Tort Cases
A recent decision out of a federal court is important for businesses and insurance companies who could potentially face toxic tort allegations to be aware of. In the case, the Environmental Protection Agency (EPA) contracted with an environmental cleanup firm (“Environmental Restoration, LLC”) to repair draining problems at the Gold King Mine in Colorado,… Read More »
Claims Filed Under the Texas Deceptive Trade Practices Act
This spring, the Physicians Committee for Responsible Medicine (PCRM) filed a legal complaint with the state of Texas against the beef industry, alleging a violation of the Texas Deceptive Trade Practices Act (DTPA) in conjunction with health claims concerning beef products. Specifically, the organization alleged that brochures published by the industry advertising that beef… Read More »
Domain Names, Trademark Infringement, and Commercial Litigation
When it comes to guarding against trademark and copyright infringement claims, one of the smartest things you can do is to work with an experienced business litigation firm to protect your domain name. You might be surprised at how many companies—even nonprofit corporations—find out that competitors are out in the market using their name… Read More »
Clarifying Product Liability Law: Manufacturer versus Direct Sales Industries
When it comes to product liability laws, which companies can be held liable under state statutes largely depends upon how that state law interprets which companies constitute liable manufacturers and those who are immune from such claims. For example, while Texas’s statute defines a products liability action as any action against a manufacturer or… Read More »