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…

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Bush'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…

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Arbitration 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…

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Some 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…

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More 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…

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Blog 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…

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Federal 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…

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Arbitration 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…

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Legal 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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