A new law review article recently published by the Baylor Law Review (Vol 59, Summer 2007) provides emperical data suggesting "tort reform" is unnecessary. In "Straight From the Horse's Mouth: Judicial Observations of Jury Behavior and The Need for Tort Reform", the authors surveyed state court judges in Texas and found very interesting results, some of which are summarized below. Regarding...
The head of a Chinese toy company, responsible for overseeing millions of dollars worth of lead-painted toys, hanged himself in his factory this weekend, just after the Chinese government banned exports from the company. Zhang Shuhong, who ran the Lee Der Industrial Co., Ltd., killed himself in a warehouse of the company. In China, hanging oneself is often seen as a sign of shame.Lee Der was...
The Consumer Product Safety Commission, in conjunction with Brave Products, Inc., has recalled approximately 8,000 log splitters after the company received addtional reports of injury from users.The log splitters hydraulic cylinders may have a defective rod retention which can lead to seals leaking and rods to detach. If the rod detaches, it can lead to serious injury to the operator of the log...
Hasbro, Inc. has recalled approximately 1 million Easy-Bake Ovens after receiving numerous reports of injuries to children. According to the notice issued by the Consumer Product Safety Commission, Hasbro, Inc. has received reports of approximately 249 injuries to children as a result of kids getting their hands or fingers caught in the oven's opening.Out of the 249 reports, 77 including burn...
On July 20, 2007, Black & Decker recalled approximately 202,000 GH1000 Grasshog XP String Trimmer/Edgers. According to a notice by the Consumer Product Safety Commission, the trimmer/edgers spool, spool cap and other parts can come loose during use and become airborne projectiles. The airborne projectiles pose an obvious laceration hazard to users of the product, as well as, bystanders. The...
Nancy Nord, the Consumer Product Safety Commission's acting chairman, thinks the agencies policies need to be updated, the law is 35 years old and needs to be changed. Earlier this week, her staff had a meeting with a group representing manufacturers and a meeting with several consumer groups to discuss her ideas and proposals.Nord wants to make it illegal to sell a product that has been...
The Texas House of Representatives passed HB 323 which requires Texas schools to purchase buses with three-point lap-shoulder belts for passengers after 2010. The legislation also requires Texas schools to use only chartered motorcoach buses with three-point lap-shoulder belts after 2014.After being passed in the House, HB 323 was then sent to the Senate for consideration. The bill has been...
The U.S. Consumer Product Safety Commission announced a volutary recall of Heat Recovery Ventilators manfactured by Venmar Ventilation Inc., a Canadian company.Heat Recovery Ventilators are designed to transfer air between the inside and outside of a home. Through the transfer process, fresh air is provided. According the the Consumer Product Safety Commission, the recall involves...
A Travis County, Texas District Judge ordered Allstate Insurance to refund approximately $56,000,000.00 in overcharges to policyholders. The order is, in part, the result of ongoing litigation that began in December 2004 after the Texas Department of Insurance disapproved Allstate's proposed rate increase of five percent. The order requires Allstate to also pay interest to policyholders at an...
The attorneys at our firm have handled a wide variety of business litigation matters including breach of contract, misrepresentation, fraud, breach of fiduciary duty, conversion and misappropriation of trade secrets.Just last year, my partner Dudley Jordan defended the president of a local insurance company after he was sued by his former business partner. Dudley not only got a jury finding in...
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