One Lawyer’s Courage

The New York Times ran an interesting story on February 6th, 2018 regarding the remarkable courage of a Navy lawyer who is charged with the responsibility of representing a notorious terrorist being held in Guantánamo Prison.   The situation is that the terrorist is being held in military confinement and is being tried in a military court. The military […]

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The Human Cost of a Do-Nothing Congress

The recent train crash which killed 2 in South Carolina raises once again the question of why railroads throughout the United States don’t have positive train control. Positive train control is a technology that relies on GPS, wireless radio and computers to monitor train positions. The technology is capable of automatically stopping and/ or slowing trains that are in […]

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Unfit

The recent embarrassing hearing before the Senate Judiciary Committee regarding Trump judicial nominee Matthew Peterson revealed that Peterson did not possess even rudimentary knowledge of relevant judicial or legal procedure and that he had no experience whatsoever that would qualify him to be a federal judge with a lifetime appointment.   Who was responsible for […]

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Warning About Flood-Damaged Vehicles

  Vehicles damaged by Hurricane Harvey are being sold to unwary buyers. Many of these vehicles are being sold with a “Non-Repairable Motor Vehicle” title. Under the law in Texas, the purchaser of a vehicle sold with a Non-Repairable Motor Vehicle title “may not operate or permit the operation of the vehicle on a public […]

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They Got What They Paid for

  As I have written about many times in the past, almost all contracts you sign for banking, credit cards, cell-phones and other consumer services contain provisions which require you to give up your legal right to sue the vendor in a court of law and your right to be apart of a class action […]

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Words of Caution on Self-Driving Cars

        On October 25, 2017, the New York Times printed the following letter written by Joan Claybrook, former administrator of the National Traffic Safety Administration, regarding what she regards as a “rush” to bring self-driving cars to market:On October 25, 2017, the New York Times printed the following letter written by Joan […]

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The Vanishing Civil Jury Trial and Why You Should Care

This month an excellent article by Robert T. Eglet appeared in the official publication of the American Board of Trial Advocates. Mr. Eglet researched the statistical facts regarding the frequency of civil jury trials in the United States. The facts are surprising and alarming.This month an excellent article by Robert T. Eglet appeared in the official publication […]

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The Never Ending Assault on Your Legal Rights

On October 2nd, 2017, the U.S. Supreme Court heard arguments in 3 cases having to do with the enforceability of employment contracts which contain clauses mandating that all employment disputes be settled by arbitration and forbidding employees from joining together in class action cases. Obviously, businesses use these contracts as a part of a strategy […]

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The Statute of Limitations in Medical Malpractice Cases in Texas

In Texas, as a result of changes in the law that occurred in 2003, the statute of limitations in medical negligence cases is a strict 2 years which begins to run from the date of the negligence, not the date you realize you are injured or the date you realize a healthcare provider=s negligence caused […]

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Be Wary of Flood-Damaged Cars

Hundreds of thousands of cars were damaged by our recent hurricane and floods. Insurance companies are processing claims and, in many cases, declaring the cars to be “totaled”. When this happens, insurance companies take possession of the cars and their titles. Obviously, insurance companies want to recoup as much of their loss as they can. This […]

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News on Driverless Cars

Sometimes the news cycle has a way of juxtaposing stories in such a way that interesting questions are raised.   On 9/13/17, the National Transportation Safety Board issued its report on the 2016 fatal crash involving a 40 year old man driving a Tesla car that was being operated by its experimental Autopilot system. The […]

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The Texas Legislature is Never Too Busy to Help Insurance Companies

  The Texas Legislature just spent an entire regular session and one special session focused on such “emergency” measures as where transgender people can pee. They intentionally did nothing about school finance reform, property taxes, chemical security and safety, environmental degradation, water policy, and a whole host of other complex and urgent problems. Having ignored […]

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Mandatory Arbitration – “It Just Ain’t Right.”

On August 22, 2017, the New York Times published an editorial by Richard Cordray, Director of the Consumer Financial Protection Bureau. This federal agency was created during the Obama administration. Its mission is to combat the abuses of the financial industry that began to come to light during the financial crisis of 2008. The financial […]

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If All Else Fails – Blame the Lawyers

On 8/24/17 it was reported in most major newspapers that Harvard University researchers had issued a peer-reviewed article in the Journal of Environmental Research Letters which concluded that Exxon Mobil had spent the last 40 years misleading the public concerning its own concerns about man-made global warming. The researchers are not climate scientists. Rather, they […]

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Another Baby Powder Verdict

This past week another jury, this time in California, found that Johnson & Johnson baby powder was responsible for causing a lady’s ovarian cancer. The verdict was for $417 million dollars. This verdict follows a Missouri verdict for $110 million dollars and two other Missouri verdicts for $55 million dollars and $72 million dollars. The […]

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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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