Tag Archives: Brownsville Litigation Lawyer
Alternative Design in Product Liability Claims
If a plaintiff alleges a consumer product harmed them, they have to clear some legal hurdles to prevail in a product liability lawsuit. In Texas, when a plaintiff alleges a product harmed them due to a defective design, they must prove that the product, as designed, was unsafe and: A less dangerous alternative design… Read More »
Dispelling Some Common Myths in Hip Implant Litigation
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 »
Time to Reform Multi-District Litigation
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 »
Non-Reporting Employee Experts and the Attorney-Client Privilege
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 »