WHO IS AN IDEAL JUROR?

The New York Times recently ran an interesting story about what seems to be a trend of lawyers selecting jurors who know nothing at all about the facts of a case or the issues in dispute. One could argue that this leads to juries being comprised of uninformed and ignorant jurors. On the other hand, […]

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Medication Errors

The FDA estimates that medication errors cause at least one death every day and injure about 1.3 million people annually in the U.S.  Adverse drug events cause around 700,000 emergency room visits and about 100,000 hospitalizations every year. It is estimated that nearly 5% of hospitalized patients will be harmed by medication errors.  Medication errors cause […]

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Another Voice on Medicaid Cuts

Ron Payne is the chairman of the Texas Health Care Association board of directors. He also characterizes himself as a lifelong conservative Republican. On 6/16/17, Mr. Payne wrote an editorial piece for the Houston Chronicle concerning the failure of the Texas Legislature to provide adequate Medicaid funding for Texas nursing homes. According to Mr. Payne, […]

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Beware of Lawyer Scammers

One of our clients in a personal injury case recently received two letters from lawyers in Dallas offering to “help” resolve a hospital lien that had been filed here in Brazos County by St. Joseph Regional Medical Center. According to the letter, the lawyers were contacting our client because they had reviewed Brazos County’s hospital […]

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Science And The Seventh Amendment

The newspapers reported on May 8, 2017, that a St. Louis jury returned a multi-million dollar verdict against Johnson & Johnson involving baby powder. The product is made from the mineral talc and is used by some for feminine hygiene. The plaintiff in the St. Louis case alleged and the jury found that product caused […]

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Drug Safety and the FDA

  Donald Trump has nominated and the Senate has confirmed (57 to 42) Scott Gottlieb to head the Food & Drug Administration (FDA). Gottlieb is a physician, an aggressive investor (venture capitalist) in health-care companies, has worked for many years as a consultant and advisor to big drug companies, and is a former deputy FDA […]

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The Long Lasting Trump Effect

  It has always been my belief that timing is important and, in some situations, it can be everything. That is nowhere more true than in respect to the coming judicial appointments of Donald Trump. At present, there are 120 judicial vacancies to fill in the federal judicial system. Furthermore, there is a need to […]

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The Justice Gap

 The Justice Gap It is customary for the Chief Justice of the Texas Supreme Court to give a State of the Judiciary address to the Texas Legislature. Chief Justice Nathan Hecht delivered his address on 2/1/17. Chief Justice Hecht made mention of the need for the civil justice system to be accessible for all. He […]

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Juror Bias

The Texas law is clear that one who has a bias or prejudice in favor of or against a party in the case is disqualified to serve as a juror. This seems only fair and comports with our sense of justice. However, the latest scientific research proves beyond any doubt that “all of us have […]

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The Truth About Frivolous Lawsuits

For most of the 44 years I have been practicing law corporations have complained that they are subjected to an unending maelstrom of frivolous litigation and need protection. Big corporations don’t suffer in silence. Rather, they hire media relations people to shape public opinion and lobbyists to persuade politicians to pass laws that tilt the […]

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Slower Trucks?

On August 26, 2016, the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration proposed a nationwide limit on the speed of trucks and buses weighing more than 26,000 lbs. The speeds being considered are 60, 65, and 68. The agencies intend to force compliance with whatever speed they choose by mandating […]

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Are We Ready For Self-Driving Cars?

The future is upon us. Uber Technologies, Tesla, Ford and all of the major vehicle manufacturers say they can and will produce self-driving vehicles. Ford has even promised that its fully self-driving, autonomous vehicle with no pedals and no steering wheel will be on the market within five (5) years. This seems very fast, but […]

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Left Lane For Passing Only

I’m sure you recognize the title. Too many drivers pay no more attention to it than a “Drive Friendly” sign. It is the most disobeyed traffic sign in the United States. I will even bet that most drivers don’t know that it is not just good advice or more than a mere suggestion, it is […]

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The Tragedy Of 4-Wheelers

The death of another local child in a 4-wheeler crash occurred recently. The child lost control, the 4-wheeler flipped, the 4-wheeler landed on the child, and the child died from multiple crush injuries and/or injuries to the head. This type of tragedy happens with alarming regularity. I can probably count 8 to 10 children, teenagers […]

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The Never Ending Assault on Your Constitutional Rights

The Never Ending Assault on Your Constitutional Rights Texas Farm Bureau Insurance Company has asked the Texas Insurance Commissioner to approve language for inclusion in standard homeowner’s insurance policies that would require homeowners to submit all claims to binding arbitration.  This means that Farm Bureau policyholders will be forbidden from taking legal action against Farm […]

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Talcum Powder Warning

In two recent cases very substantial verdicts have been returned by juries against Johnson and Johnson for women who suffered ovarian cancer as a result of using powder containing talcum (talc). Talc is a soft mineral (magnesium silicate) with a soapy feel.  Scientific studies since the 1970s prove a link between feminine hygienic use of […]

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Good News For Consumers

On May 5th, 2016 it was announced that the new Federal Consumer Financial Protection Bureau intended to enact a rule that would allow consumers to participate in class-action lawsuits against banks and restrict the use of mandatory arbitration clauses in many financial contracts. There will be a public comment period.  To understand the significance of […]

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Greed Has No Bounds

The NFL has agreed to a settlement with its former players who suffered cognitive impairment as a result of repetitive brain trauma. Depending upon the degree of impairment that can be proven, individual players will receive payouts that could reach into the millions. Many of the players are suffering from dementia and are down on […]

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