Personal Injury Law Round-Up #62

Things are hopping here as we continue to prepare for a trial so this week’s edition is brief. On tort “reform”…….

One of the big tort “reform” stories of the week has been Dennis Quaid’s testimony on preemption before Congress. Unfortunately, in our society, causes often need celebrities to act as their champions before there is any traction to search for solutions (eg Lance Armstrong and cancer, Bono and extreme world poverty, and Michael J. Fox on Parkinson’s).  It now appears possible that Dennis Quaid is willing and able to step into that role.  You can watch the video of the testimony or read the transcript.  There are numerous posts on the story, including posts at DC Dicta, the Huffington Post, the Pop Tort, the Maryland Injury Lawyer Blog, and theInjuryboard national desk.

Along those same lines, Bill Childs reports that the plaintiff in the Six Flags Kentucky Kingdom severed feet case traveled to Washington to testify on amusement park safety.

And locally, the Texas Supreme Court continues to receive negative press.

On to the litigation news…

In Texas, a federal court holds that the rape case against Halliburton isn’t covered by an arbitration agreement (though the plaintiff’s Title VII claims are).

Staying here in Texas, an appellate court reversed the Garza/Vioxx verdict.  There’s a little more information in Don Cruse’s Supreme Court of Texas Blog, MassTorts, the WSJ law blog and How Appealing.

Staying in the drug arena, Bayer is pulling all remaining Trasylol.

In South Dakota, even Congressmen aren’t immune for causing auto accidents.

On the settlement side, there were more settlements in the Rhode Island nightclub fire. I am most impressed with Eric Turkewitz’s in-depth analysis of the Jet Blue toilet lawsuitand followup.

And for this week’s miscellaneous posts….

John Day has What It Takes To Be A Great Trial Lawyer, part 16.

Thanks for reading and have a good weekend.

Brooks Schuelke

To contact Austin Personal Injury Lawyer, Austin Personal Attorney, Austin Accident Lawyer, Austin Injury Lawyer Perlmutter & Schuelke, PLLC or to learn more about Austin Personal Injury visit

Personal Injury Law Round-Up #50

It is a great time to be in Austin. We have the Democratic primary, last night’s debate, and local appearances by the candidates. We don’t often get to participate in the process this late in the game, and certainly the Democratic party hasn’t had this much input or excitement in a long time. Add in our University of Texas basketball team being ranked in the top 10, UT baseball starting the season today, and UT spring football practice starting today, it’s also great on the sports front. And the blue skies and 70 degree temperatures don’t hurt anything.

For those of you living outside Austin, the big news this week was the decision in Riegel v Medtronic. The blogs that have written on the decision include:

Now, for other tort “reform” news…….

From TortsProf, Oregon and Colorado are considering increases of their damage caps. It’s nice to see some relief for our brethren in the plaintiff’s bar.

Overlawyered looks at medical malpractice in the upper midwest. They link to articles wondering why the upper midwest has the lowest med mal insurance rates in the country (and they admit that tort reform laws don’t explain the low rates).

Here’s a novel idea: the CPSC is asking toy makers to eliminate lead in toys. Those CPSC guys are always on the cutting edge.

Kia Franklin at TortDeform has a great post noting that in tort reform the real debate is juror rights.

On to the litigation front…..

Perhaps the biggest story of the week was the massive beef recall initiated last weekend. Bill Marler has posts on the recall here, here and here.

For those of us that deal with subrogation issues, the California PI and Insurance Blog has a story about an investigation of Ingenix.

In Nevada, a judge reduced a $134 million verdict against Wyeth.

Ben Glass, looking at the notion that the medical profession doesn’t police its own well, has Why Malpractice Cases Are Important?

From Orlando personal injury lawyer Ed Normund, the OJ Simpson civil judgment was renewed, and the collection effort goes on.

The Brain Damage Blog highlights the dangers of carbon monoxide poisoning.

And on to the miscellaneous news…

Torts Prof also notes that a class action was filed against the New England Patriots realting to their spying tactics. This isn’t really a personal injury post, but we don’t often have the chance to link to sports stories.

Victoria Pynchon has a nice series on How to Make Your Opponent Do What You Want Him to Do. Part 2. Part 3. Part 4.

Blawg Review #174 is up at Rush on Business. I’m personally pleased that the review has a biking theme and highlights Austinite Lance Armstrong.

That’s it for this week.  Thanks for reading, and have a great weekend.

Brooks Schuelke

To contact Austin Personal Injury Lawyer, Austin Personal Attorney, Austin Accident Lawyer, Austin Injury Lawyer Perlmutter & Schuelke, PLLC or to learn more about Austin Personal Injury visit

Schuelke Law maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Forth Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen. By Brooks Schuelke

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