Author Archives: Jay Butchko
How the Plaintiff Was Harmed Matters
When someone suffers a bodily injury while in the midst of committing a crime, they are generally prohibited from seeking a financial recovery for those injuries. This legal principle extends to the lawsuits alleging injuries from a prescription medication or medical device. For example, if someone suffers an adverse reaction after taking someone else’s… Read More »
Social Media Profiles Fair Game in Discovery
In today’s world, most people have at least one social media profile online, whether it be a Facebook account, Twitter account, Instagram profile, etc. Despite the prevalence of social media in our society, some plaintiff’s lawyers strenuously object when a defendant requests social media posts and photographs from their client’s accounts. This may be… Read More »
Talc Powder Lawsuits Feature Same Old Forum Shopping Tactics by Plaintiff’s Attorneys
Time and again, plaintiff’s attorneys do all they can to try and get a lawsuit filed against a corporate defendant in a “plaintiff-friendly jurisdiction” in the hopes of securing a favorable judgment. This practice is known as forum shopping. The connections between plaintiffs and the forum in which a lawsuit is filed is oftentimes… Read More »
Senate Passed “Right to Try” Legislation That Would Expose Drug Makers to Significant Civil Liability
The United States Senate recently passed, by unanimous approval, a piece of legislation titled the Trickett Wendler Right to Try Act. The bill would allow extremely ill patients across the country to request access to experimental medication that has not yet been approved by the Food and Drug Administration (FDA). The legislation was drafted… Read More »
What To Do After Getting Hit with a Big Plaintiff’s Verdict
Getting hit with a large jury verdict in favor of the plaintiff who sued you is never easy. The sheer size of the verdict can appear daunting. Take, for example, a recent jury verdict against Johnson & Johnson, one of the largest companies in the United States. Johnson & Johnson was ordered to pay… Read More »
Whacky Class Actions Becoming More Common
When someone says, “class action lawsuit” your mind may be triggered by thoughts of alleged bodily injuries or alleged adverse reactions to a prescription medication. This is because, historically, a class action lawsuit involved a plaintiff bringing a civil claim on behalf of other class participants who alleged sustained the same or similar injuries…. Read More »
FDA Preemption is Sound Public Policy
Courts in Texas have decided to defer to the U.S. Food & Drug Administration regarding labeling and safety decisions. This public policy makes sense. It gives product manufacturers clarity on the process they must adhere to when developing and marketing prescription medications and medical devices. This clarity then promotes predictability and greater efficiency. It… Read More »
Challenging Causation Testimony Under Daubert
In Texas courts, the 700 series of rules of evidence control the use of experts in civil cases. Under these rule, the trial judge acts as a gatekeeper for the admission of expert testimony. Judges review the expert testimony to ensure it meets a number of prerequisites established by the U.S. Supreme Court in… Read More »
Strategy for Getting a Case Out of State Court and into Federal Court
Plaintiffs lawyers often try to invoke something commonly referred to as the forum defendant rule in order to keep a defendant in state court where the plaintiff attorney believes they have a better chance of securing a verdict in their favor. This rule is codified in Chapter 21 of the United States Code §… Read More »
The Power of the Statute of Limitations
The statute of limitations is the period in which a plaintiff may file a lawsuit against a defendant for alleged harm. If a plaintiff fails to file a lawsuit in the allotted time period, then their claim can be challenged and tossed out of court. This is why the statute of limitations can be… Read More »