Articles & Publications
This article discusses legislation enacted in Texas in 2015 to bring about greater transparency between claims of asbestos exposure made by plaintiffs in asbestos personal injury lawsuits and in filings with trusts set up by former asbestos producers in bankruptcy proceedings. The legislation addressed inconsistencies regarding plaintiffs’ claims of asbestos exposure in the tort and trust systems. The experience over the last two years is that concerns about undue burdens on plaintiffs and delays that were raised by opponents during debate on the legislation have not happened. The law is essentially noncontroversial today in Texas.
Asbestos litigation continues unabated in jurisdictions across the country. Exposure scenarios that rarely gave rise to lawsuits just a few years ago are now the norm. Bystander, take-home and environmental drift cases are filed with regularity. The rise of these de minimis dose cases makes the proper application of causation criteria all the more important. Causation standards should be based on legitimate science and sound legal principles. This is our 2017 Update: Compendium of Asbestos Causation Standards.
- March 2, 2018
The National Highway Transportation Safety Administration estimates 27.5 million people do not wear seat belts. As a public safety matter, this is an unfortunately persistent issue that federal and state agencies spend millions of dollars annually trying to eliminate. For litigators, seat belt non-usage raises different issues. Accidents often lead to lawsuits, and the admissibility of this evidence varies widely by the type of claim and jurisdiction.
This article highlights the importance of preparing engagement letters for client representation and discusses pointers that help define the scope of representation and language for accuracy in describing such. It also analyzes the ethical implications of certain clauses and encourages attorneys to provide their clients with the Texas Lawyer’s Creed.
- December 2017
While sellers and distributors of products can often be held liable in product liability actions as part of the chain of distribution, some states have passed legislation to protect sellers and distributors.