A Supreme Court hearing that began Monday regarding personalized Texas license plates will likely reignite the debate over protected speech and could potentially redefine the ways that governments collect revenue. Like many states, Texas offers drivers the opportunity to purchase specialty plates advertising causes or non-profit groups. Many groups pay the state to produce the
The Federal Highway Administration recently gave passing grades to the ET-Plus guardrail in four recent crash tests; however, both the agency and embattled manufacturer, Trinity Industries, are now facing an even higher degree of scrutiny. The ET-Plus passed despite the final test causing a sizeable gash in the driver’s side door, causing extensive damage to
A bill introduced by Senator Dick Durbin (D-IL), coinciding with a massive national awareness campaign by the Environmental Working Group (EWG) Action Fund may soon put asbestos exposure near the forefront of American consciousness. The goal of the Reducing Exposure to Asbestos Database (READ) Act is to modernize the 1988 Asbestos Information Act, signed by
U.S. District Judge Lee Yeakel entered a consent decree of permanent injunction on March 10, 2015 between the United States and Specialty Compounding LLC, of Cedar Park, Texas, a compounding manufacturer who previously had drugs it manufactured recalled for potential contamination. Specialty Compounding manufactured purportedly sterile injectable drug products that tested positive for bacterial contamination.
When you buy any product, you expect that it will do what it is supposed to do. While this seems like common sense it is also part of the law under the concept of an implied warranty in U.C.C §2-314. The law says that any goods delivered under an agreement made by a seller come
We all understand the idea of a promise, when you tell someone that you will do something you take on the responsibility to actually do it. You are bound to your words. Well, in Texas the warranty is much like a promise. If you buy a product from someone and they make a promise, it
So you have been hurt by a defective product, it may seem odd but it is not just the defective product that will examined thoroughly, your actions can come under sudden scrutiny as well. How were you using the product? Were you doing what an ordinary person would do? Strict liability is a doctrine which
Under the DTPA, a consumer may recover “economic” or “mental anguish” damages for acts that meet the definition of “deceptive trade practices”. Additional damages of up to two times the plaintiff’s economic damages may be awarded if the defendant’s conduct was committed knowingly. With the current statute, if the defendant acted knowingly the trier of
The Texas Deceptive Trade Practices Act was designed to protect consumers from being cheated. Courts have followed the mandate of section 17.44 to liberally interpret the DTPA consistent with its stated purpose, which was to “protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and
The opinion in Sutherland v. DCC Litigation Center, issued by the Sixth Circuit is a must-read, dealing with issues of choice of law as affected by both tort and bankruptcy law, across decades and multiple courts. At the heart of this litigation is a case by a woman who sustained injuries after receiving breast implants