Products Liability

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 24, 2013

Acted With Substantial Justification

by Katherine Gallo, Esq. on 9/5/2012

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...

by Heygood, Orr & Pearson on 7/4/2012

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

by Sedgwick LLP on 1/3/2012

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

by Dan Goodman on 10/19/2011

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

by Morgan Lewis on 7/7/2011

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

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Personal Injury › Constitutional Law › Products Liability

Acted With Substantial Justification

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

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

Contract to pay dollars is a contract to pay coined silver

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

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