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June 2020

June 30, 2020 in

When MDL Judges Overreach: Opioid cases, without jurisdiction, held in judicial purgatory

When MDL Judges Overreach: Opioid cases, without jurisdiction, held in judicial purgatory From 1990 to 2017, about 218,000 deaths linked to overdoes of prescriptive opioids led to a surge of lawsuits.[1] With the proliferation of cases against opioid manufacturers, federal and state courts created multidistrict litigation (“MDL”) courts to handle this influx of actions, and tensions between state sovereignty and federalism concerns have arisen. (more…)
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June 29, 2020 in

What Is a Responsible Third Party and How Can It Affect My Claim?

What Is a Responsible Third Party and How Can It Affect My Claim? A “responsible third party” is defined as “any person who is alleged to have caused or contributed to causing in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates any...
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June 22, 2020 in

Social Host Liability

Social Host Liability Does Texas hold hosts responsible for intoxicated guests that cause harm to others? Who is responsible for a guest who has too much to drink? What can you do to mitigate your risk as a host? What if an intoxicated minor leaves your property? (more…)
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June 15, 2020 in

How Do Portable Generators Cause Death?

How Do Portable Generators Cause Death? In 2006, the Consumer Product Safety Commission studied the rash of carbon monoxide poisonings that occurred from 1999 until 2006.  CPSC has continued its study through the end of 2013.  The U.S. Government learned that from 1999-2012, 739 people died from generator-produced carbon monoxide poisoning – this figure represents 79% of all CO fatalities during that time period.  The...
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June 7, 2020 in

Liability on Employers in the Wake of COVID-19

Liability on Employers in the Wake of COVID-19 A previously unidentified coronavirus has caused the 2019 coronavirus disease (COVID-19), in turn sparking a global pandemic and leaving no one unaffected. As a result, a greater emphasis is being placed on technology as school is being conducted from home, important business meetings are being held on video conferencing platforms, and families are catching up on video...
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