Archive for October 2008
Even The FDA Is Against Complete Immunity Preemption?
One of the hottest topics in the personal injury arena right now is preemption. Generally, the argument for preemption is that if a product complies with federal regulations relating to the safety of that product (even if the regulations are not adequate) then manufacturers should be completely immune from state tort lawsuits based on defects on…
Read MoreBush's Legacy In The Federal Judiciary
This morning’s New York Times had a discouraging piece detailing President Bush’s judicial appointees. In the article, President Bush noted that “he had appointed more than a third of the federal judiciary expected to be serving when he leaves office, a lifetime-tenured force that will influence society for decades and that represents one of his most…
Read MoreArbitration Is Good Enough For You, But Not Businesses
Earlier this week, Jonathon Glater of the New York Times had an article that discussed how businesses use arbitration agreements. Apparently, at a time when businesses are becoming more and more aggressive about using arbitration clauses in their contracts with consumers, they still aren’t using them in business to business contracts. The article is based…
Read MoreSome Problems With Judicial Elections
Yesterday was the start of early voting in Texas. While the presidential campaign gets all the hype, three Texas Supreme Court justices are up for re-election, and the election highlights some of the problems with judicial elections. The first is campaign contributions. Earlier this month, the non-profit Texans for Public Justice issued a report on…
Read MoreMore Drama In The Third Court of Appeals
A few weeks ago, I wrote about a dispute that was coming to a head in the Texas Third Court of Appeals, which is housed in Austin. The dispute involved the criminal case against Tom Delay and his business associates. The Third Court issued a ruling in the criminal case that was very favorable to…
Read MoreBlog Action Day: Poverty
Today is Blog Action Day, an event where bloggers unite on one day to discuss a single issue. This year’s topic is poverty, which is fitting since I was asked to participate in this event by my friend Kerry Qunell at the Capital Area Food Bank. I thought I’d take a little different spin and talk about Volunteer…
Read MoreFederal Judges Under Investigation
I don’t have time to really comment on it, but Lise Olsen of the Houston Chronicle has a story in today’s paper about the surprising number of federal judges under investigation. Led by Texas’s own Judge Kent, the story reads like a soap opera — we’ve got allegations involving nude photos, escort services, and accepting…
Read MoreArbitration Is Good Enough For You, But Not Businesses
Earlier this week, Jonathon Glater of the New York Times had an article that discussed how businesses use arbitration agreements. Apparently, at a time when businesses are becoming more and more aggressive about using arbitration clauses in their contracts with consumers, they still aren’t using them in business to business contracts. The article is based…
Read MoreLegal Malpractice Case Goes To The Jury
We had previously written about Purolite Corporation’s legal malpractice claim against mega-firm Morgan, Lewis & Bockius. The case stems from the firm’s advice on whether Purolite subsidiaries could continue to do business with Cuban companies. Now, after more than two weeks of trial, the case is going to the jury. And the entire case may…
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