March 13, 2019

Traumatic Brain Injuries and Hazing Incident Lawsuits

Q: Can I sue for personal injuries suffered in a hazing incident?

Hearing that a pro-football player suffered a traumatic brain injury wouldn’t be that surprising to most people. But allegations that the son of a former Dallas Cowboy suffered a traumatic brain injury in a fraternity hazing incident definitely raised some eyebrows.

Coming late to the game, so to speak, by filing a lawsuit nearly 2 years after the alleged incident happened may present some challenges, though.

March 13, 2019

Transvaginal Mesh Litigation Continues

What are my legal rights if I experienced complications from a transvaginal mesh device?

Transvaginal mesh is an implant used to treat pelvic organ prolapse and urinary incontinence.  Pelvic prolapse is a relatively common condition that can result after childbirth, menopause, or a hysterectomy.  It occurs when the tissue holding the pelvic organs becomes weakened or stressed. The pelvic organs can then bulge, creating pain and urinary incontinence.  

Pelvic mesh was developed to solve the problem of organ prolapse.

March 13, 2019

The Devastating Wake of Truck and Train Accidents

Q: Who is responsible for injuries caused in a train or truck accident?

One in eight traffic fatalities in the United States involves big rigs. In 2015, there were 34,000 truck accidents in Texas alone. Not surprisingly, the occupants of passenger vehicles that crash with these behemoths often end up dead or survive with catastrophic injuries.

March 13, 2019

Mineral Royalties Lawsuits Rising from the Oil Bust

What is the value of CO2 in the oil sector?

There are vast numbers of mineral rights owners in the state of Texas and elsewhere in the Southwest, some of whom have been bringing lawsuits against energy producers for not paying the proper royalty compensation. Recently, a Denver resident, Jack Grynberg, was awarded $1.5 million by a Texas jury which found that ExxonMobil failed to act in good faith in connection with royalty payments for CO2 rights. Mr. Grynberg owns royalty rights on federal lands in southwest Colorado that has large reserves of the gas.

March 13, 2019

Don’t Get Scrooged This Holiday Season

Tis the season for toys that break after one use, knockoffs, products that don’t do what the manufacturer says they will, and charity scams. It’s a holly, jolly nightmare out there. Luckily, Texas has strong consumer protection laws and

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March 13, 2019

PayPal Settles Deceptive Practices Claim

How did PayPal violate the Texas Deceptive Trade Practices Act

PayPal's Venmo money transfer app has gained popularity with consumers who prefer to transfer funds on a wide range of transactions rather than relying on credit and debit cards. Unbeknownst to them, however, PayPal was sharing information about their phone contact and user information.

The Texas Attorney General filed a suit against PayPal alleging the company violated the Texas Deceptive Trade Practices Act (DTPA) for not clearly disclosing how it would share information about consumers' phone contacts, transactions and interactions with other users.

March 13, 2019

Confusing Arbitration Clauses

What a difference a clause makes

Eager to avoid the expenses and delays associated with litigation, an increasing number of businesses are turning to arbitration to resolve their disputes. Some are finding, however, that arbitration is not always the smooth, cohesive process it is designed to be. Arbitration clauses, for instance, can be troublesome; seemingly insignificant word choices can mean the difference between a few months of arbitration and an extended courtroom battle.

What is the difference between these two common commercial arbitration clauses?

Any dispute, claim or controversy arising out of, or relating to, this agreement shall be determined by arbitration in New York City before one arbitrator.

Any dispute, claim or controversy concerning the interpretation or enforcement of this Agreement shall be determined by arbitration in New York City before one arbitrator.

March 13, 2019

Past Owner Sued for Premises Liability

Can a past owner be held liable for an update made to property while under its ownership?

In a recent complex litigation, Occidental Chemical Corporation v. Jason Jenkins, after differing opinions between the trial court and the appellate court, the Texas Supreme court decided for the defendant, concluding that " a claim against a previous owner for injury allegedly caused by a dangerous condition of real property remains a premises-liability claim, regardless of the previous property owner’s role in creating the condition.”

How It All Began

The story begins with a serious accident in 2006 when Jason Jenkins, the plaintiff, was working at Equistar Chemicals plant in Bayport, Texas, and was partially blinded when an acid-addition system machine sprayed acid into his face. Jenkins and his attorneys became aware that the company that previously owned the premises, Occidental Chemical Corporation, had been responsible for designing and constructing the acid-addition system while it still had ownership of the premises in 1992. Because it was this added-on system that caused Jenkins' devastating injury, he sued Occidental rather than Equistar.

March 13, 2019

Volkswagen Facing Deceptive Practice Claims by the FTC

What is the fallout from VW's diesel emission controversy?

As has been widely reported, Volkswagen Group was found to have rigged its line of diesel vehicles with computer software designed to cheat emissions tests. The German automaker has been the target of a criminal investigation, as well as a wave of lawsuits. Now, the Federal Trade Commission is also on the case having accused VW of deceptive practices for falsely advertising its diesel vehicles' significantly reduced emissions.

Deceptive and Unfair Practices

The FTC has enforcement authority to protect consumers from deceptive and unfair practices. These practices include misrepresentation, false advertising and other deceptive, fraudulent or unethical methods utilized to obtain business.