Constitutional Law Products Liability Personal Injury

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Product Liability Update - April 2014

Included in this Issue: ..United States Supreme Court Holds Due Process Forbids California’s Exercise of General Jurisdiction Over German Manufacturer in Suit by Argentinian Plaintiffs Involving Argentinian Subsidiary...more

Oklahoma Supreme Court Declares Comprehensive Lawsuit Reform Act Of 2009 Unconstitutional

The Oklahoma legislature enacted the Comprehensive Lawsuit Reform Act of 2009, or H.B. 1603, to limit corporate liability for personal injury by curbing the availability of class actions and limiting product liability cases....more

Oklahoma Supreme Court Holds Comprehensive Lawsuit Reform Act of 2009 Unconstitutional

In 2009, Oklahoma joined the list of states attempting to curb “lawsuit abuse” by passing the Comprehensive Lawsuit Reform Act of 2009 (CLRA of 2009). Arguably the most sweeping legislation affecting the practice of law in...more

Acted With Substantial Justification

Just wondering, but what does the phrase "acted with substantial justification" mean in the sanctions statute for motion to compel depo testimony, CCP 2025.480 (pdf)? Does it mean the conduct that led the moving party to...more

Texas Supreme Court Adopts “Learned Intermediary Doctrine” and Holds Facts of Case Did Not Justify Creating Exception Based on...

The Texas Supreme Court has held that the learned intermediary doctrine generally applies within the context of a physician-patient relationship and allows a prescription drug manufacturer to fulfill its duty to warn end...more

Retroactive Application of Florida's Asbestos and Silica Act Held Unconstitutional

In a 5-2 decision released Friday, July 8, the Florida Supreme Court held that the retroactive application of the 2005 Asbestos and Silica Compensation Fairness Act (Act) is unconstitutional because it divested the named...more

Contract to pay dollars is a contract to pay coined silver

A contract to pay dollars, is according to the Supreme Court of the United States, a contract to pay lawful money of the United States. Lawful money of the United States is money declared to be legal tender in payment. ...more

Texas Court of Appeals Rules Retroactive Application of Certain Minimum Medical Criteria Unconstitutional in Asbestos Case

On June 30, Texas’s First Court of Appeals ruled that retroactive application of a provision of state legislation establishing minimum medical criteria for asbestos claimants violates the Texas Constitution. Union Carbide...more

Federalism And Tort Reform

On Wednesday, we discussed the relevant parts of pending tort reform legislation. Earlier in the month we updated our favorite federalist point, which is that federal courts should not issue expansive interpretations of state...more

Why We Can't Sue Our Way to Prosperity

The House Judiciary Committee's Subcommittee on the Constitution held a hearing earlier this week on "Can We Sue Our Way to Prosperity?: Litigation's Effect on America's Global Competitiveness." Speakers included a public...more

Why Aren't You Using Requests For Admissions

If you are like most lawyers, you are using the typical discovery devices to gather up all your information--form interrogatories, special interrogatories, requests for production of documents, and of course the deposition...more

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