Author Archives: Jay Butchko
Are Your Internal Corporate Standards and Practices Creating a Heightened Liability Risk?
An issue raised in many lawsuits brought against corporate clients is whether internal policies established elevated standards and practices. Exceeding legal requirements can actually create a new standard of care if the corporation failed to meet that policy. This is the tension between a corporation’s desire to set high standards for employee conduct and/or… Read More »
Massive Verdicts Make Insurance Difficult to Find for Trucking Companies
When millions of dollars are doled out to pay judgments and settlements, there are externalities that you may not expect – for example, your insurance company simply saying, “no more” and dropping your coverage. The commercial trucking industry is seeing this happen now. Numerous multi-million-dollar truck accident settlements and jury verdicts have caused large… Read More »
Bad Product Experience Does Not Equate to Liability
Many major product liability claims involve a plaintiff, or plaintiffs, who allegedly suffered serious physical harm; the type of harm that may even engender sympathy from a judge and/or jury. It is understandable that a plaintiff who was seriously hurt would seek a remedy through the civil court system. That is a key reason… Read More »
Strategies for Excluding So-Called Experts
It is quite common for complex lawsuits involving an alleged defective product, a commercial truck accident, a disease claimed to originate from asbestos exposure, etc. to involve opinions from experts. These are, quite often, highly educated and/or experienced individuals retained by plaintiff’s counsel and defense counsel. Expert testimony can make or break a lawsuit…. Read More »
Post-Sale Duty to Warn? Recent Decisions Could Signal Shift in Product Liability Law
In Texas, there is no post-sale duty to warn a customer if a defect is discovered in a product. However, Texas courts have held that a duty may arise if the manufacturer has “significant control” over the product and/or voluntarily assumes the duty to warn. This legal standard is fairly reasonable for businesses, both… Read More »
Texas Supreme Court Holding in Haygood v. De Escobedo Limits Medical Expense Exposure for Insureds
The Texas legislature adopted a somewhat ambiguous statute in 2003 dealing with the types of medical expenses that are recoverable by a claimant via a civil lawsuit. Fortunately, the Texas Supreme Court stepped in and provided some clarity that may be beneficial for insurance companies when assessing liability exposure in personal injury lawsuits. Ambiguous… Read More »
Admissibility of Other Similar Incidents in Civil Litigation in Texas
If your company or your insured is being sued for manufacturing or designing a defective product that allegedly caused harm, you may have to defend not just the alleged harms of the plaintiff, but the alleged harms of other consumers as well. This is because plaintiff lawyers often seek to admit evidence of “other… Read More »
Court of Appeals Decision Raises the Bar for Class Certification
One of the most costly forms of litigation is a class action suit filed against a company or manufacturer by a large group of people claiming an alleged defect that caused harm. In order for a class action suit to be filed, the class must be “certified” by a court. The Eleventh Circuit Court… Read More »
Cyber Liability Insurance Becoming Mainstream
American International Group (AIG) recently announced that it will offer standalone primary coverage for property damage, bodily injury, business interruption, and product liability stemming from a cyber-attack. The highly-publicized hacks of Target, T-Mobile, Yahoo, Anthem, etc. has caused demand for cyber liability insurance to grown exponentially due to heightened risk awareness, according to the… Read More »
How Inflated Medical Bills Are Causing You to Pay More for Your Insurance Coverage
When defending an insurance company, it is quite common for medical bills to serve as the foundation for evaluating the exposure to the company and affords, at least in theory, a reasonable range to negotiate a settlement with the claimant. However, inflated medical bills are making the negotiation process more challenging by increasing a… Read More »