Author Archives: Jay Butchko
Assessing Whether It Makes Sense to Request a Medical Examination
If you, or your business, is the subject of personal injury litigation, one of the most hotly contested issues is the actual extent of the plaintiff’s alleged harms and losses. In many cases, the amount of damages sought by a plaintiff’s attorney is in no way indicative of the actual damages supposedly suffered by… Read More »
Overview of Collateral Estoppel and How It Can Help in Defending Against a Civil Lawsuit
Collateral estoppel is a legal term to describe the prohibition against the same two parties litigating the same issue in two separate lawsuits when an issue of ultimate fact has already been addressed and determined by a valid and final judgment. Objective of Collateral Estoppel If the same parties could file multiple lawsuits against… Read More »
How to Use a Plaintiff’s FitBit to Bolster Your Defense to a Civil Claim
You’ve probably seen people wearing mobile devices on their wrists, biceps, and other areas. These devices are known as “wearables” and they are gaining in popularity. In fact, it has been reported that approximately 1-in-6 consumers in the U.S. have a wearable device like a Fitbit, Apple Watch, and so forth. The concept of… Read More »
Overview of Requests for Admission, An Important Pre-Trial Discovery Tool
When a civil lawsuit is filed in Texas, it triggers pre-trial “discovery.” This is a process in which both the plaintiff and defendant can ask questions, request documents, and conduct depositions to get a clearer picture of the basis for the plaintiff’s lawsuit. An important component of pre-trial discovery is the Request for Admission…. Read More »
Overview of Expedited Trial Rules
You own a successful business in Brownsville. One day, you are served with a civil complaint filed by a customer claiming they were injured on your premises. In this case, you may be surprised to discover that the plaintiff’s decision to seek a certain amount of money may have a profound impact on the… Read More »
Challenging the Sufficiency of a Slip and Fall Claim
One of the most common forms of personal injury litigation in Texas, and across the country, is alleged premises liability. Basically, a customer claims they suffered bodily harm after slipping and falling due to an object or wet surface at your business premise. To have a viable premises liability claim, under Texas law, a… Read More »
Strategies for Defending Against a Punitive Damages Claim
In Texas, it is possible for a plaintiff to seek punitive damages (also known as exemplary damages) by alleging that you, or your insured, were grossly negligent or engaged in reckless and wanton conduct. The public policy objective of punitive damages is to “punish” the defendant by requiring them to pay above and beyond… Read More »
Importance of Post-Trial Motions Highlighted in Talc Powder Jury Verdict
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 »
Strategies for Defending Against a Car Accident Personal Injury Lawsuit
According to the Texas Department of Transportation, there were approximately 518,577 car accidents reported in the state in 2015. Out of these reported collisions, roughly 246,000 people alleged that they were physically harmed in the accident. That means there is the potential for more than 246,000 personal injury lawsuits, and that’s just in the… Read More »
Strategies for Defending Against a Premises Liability Personal Injury Lawsuit in Texas
It is one of the most widely known types of personal injury claims – premises liability (also referred to as slip-and-fall liability). These claims often allege that the plaintiff was harmed as a result of negligent maintenance, operation or design of a residential or commercial premise. Claims are often filed against business owners or… Read More »