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Colvin, Saenz, Rodriguez & Kennamer, L.L.P.
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Author Archives: Jay Butchko

DoctorMalp

Package Insert Does Not Establish Standard of Medical Care

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

The Standard of Medical Care is an important legal doctrine that can make or break the defense for a medical malpractice lawsuit. In Texas, the standard of medical care is generally considered the duty owed to a patient by a medical professional. The standard, or duty, will vary based on multiple factors, including the… Read More »

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Lawsuit3

Defeating a Mass Tort MDL Case by Case

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

A rarely spoken truth about mass tort lawsuits consolidated into multi-district litigation (MDL) is that many of the plaintiffs’ lawyers filing these suits actually do very little on their cases. The strategy is simple – a select group of plaintiffs’ attorneys are chosen to run the litigation. The remainder – which could be hundreds… Read More »

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HipRepl

Dispelling Some Common Myths in Hip Implant Litigation

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

When some plaintiffs file product liability lawsuits alleging harm from a defective hip implant, they make two arguments that are specious at best: first, that the hip implant device is defective the moment it fails; and second, causation can be established for a failure-to-warn claim by asserting that the plaintiff would not have agreed… Read More »

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Powder

Talcum Powder – The Next Mass Tort?

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

Manufacturers and sellers of products containing talc (most notably Johnson & Johnson) have been deluged with lawsuits claiming that talc powder exposure allegedly caused ovarian cancer.  Nearly two thousand lawsuits have been filed and a few of those suits have actually gone to trial. Some people are speculating that talc in baby powder products… Read More »

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ProductDef

Plaintiff’s Attempt to Rebut Presumption of Adequate Prescription Drug Warning Fails

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

The Texas legislature enacted Civil Practice & Remedies Code §82.007 which establishes a presumption in tort cases alleging harm from a prescription drug that a drug’s warning is adequate if approved by the Food and Drug Administration (FDA). This gives prescription drug manufacturers a necessary shield against a cavalcade of lawsuits alleging side effects… Read More »

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Claims3

Time to Reform Multi-District Litigation

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

More than half of all lawsuits pending in federal courts across the country are docketed as multi-district litigations (“MDLs”). The concept of MDLs were created by Congress and became codified in 28 U.S.C.A. §1407. Sub-section (a) of this statute states that “when civil actions involving one or more common questions of fact are pending… Read More »

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Legal1

Check Your Ego at the Door – How Courts Can Haul Corporations into Court on Alter Ego Jurisdiction

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

Your company is based in Brownsville, Texas. It has done business primarily in Texas for decades. Nevertheless, your company owns a small subsidiary in Nevada that oversees different tasks largely unrelated to the core business in Texas. However, you discover suit has been filed against the Texas corporation – in Nevada. How is that… Read More »

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Autopilot

Self-Driving Automobiles and Liability

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

Traditionally, in automobile insurance defense litigation, there is a plaintiff alleging harm from a collision involving another driver who was allegedly operating their vehicle negligently. That driver’s automobile insurance policy is exposed to paying out a damage award to the plaintiff. But what if there is no negligent driver? What if the plaintiff was… Read More »

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BusinessLaw

Purchasing Assets from a Third Party Manufacturer – Legal Issues You Need to Be Aware Of

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

It is a common practice in the business world – a company purchases the assets of a third party manufacturer, or sub-contracts the manufacture of its product to a third party company. Making such deals are likely good for business, but also raise a myriad of legal issues that need to be addressed including… Read More »

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Non-Reporting Employee Experts and the Attorney-Client Privilege

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

A bedrock legal principle is the attorney–client privilege. This privilege, found in Texas Rule of Evidence 503 and Federal Rule of Evidence 501, allows a lawyer and their client to have candid, frank discussions about their case and sensitive legal issues. If a lawyer and their client cannot openly talk to each other, the… Read More »

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