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Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz's Blog

Fifth Circuit Holds That Limitations Tolling Statute Means What It Says

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In a brief per curiam opinion on November 22, the federal Fifth Circuit Court of Appeals made what, perhaps, should have been an obvious ruling: that where a Texas limitations tolling statute does not contain an exception, a federal judge cannot simply create one. However, in Clyce v. Butler, the trial judge decided otherwise, and was reversed by the Fifth Circuit.

Takata Takes Its Time with Deadly Airbag Recall

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Despite a finding that Takata airbags are prone to dangerous explosions when deployed, the Japanese auto supplier, Takata, and the auto industry as a whole have been slow in their widespread recall. This slow recall poses a deadly threat to millions of drivers and passengers.

Residents Sue Nursing Home After Abandoned During Fire

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Four residents of Villa Capri assisted living center have sued the facility and alleged that on October 9, 2017, they were abandoned by the facility's staff when a firestorm forced an evacuation. The suit alleges that the residents, along with "other residents in wheelchairs, and other residents with dementia who were physically and cognitively incapable of escaping a burning building without assistance," were left stranded. The suit names Oakmont Senior Living and Oakmont Management Group as the defendants.

Common Causes of Trucking Accidents

truck-driver.jpgAccidents involving semi-trailer trucks are often catastrophic due to the size and power of these vehicles. The result can include not only extensive property damage, but also devastating injuries to those involved.

A look at some common causes of truck accidents include:

Woman Lost All Her Limbs Due to Flesh Eating Disease

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A woman in Canada gave birth in March and didn't seem to face any complications. She returned to the hospital the day after bringing her baby home and complained of stomach pains. She was told by her doctors that her stomach ache was a result of constipation, and she was sent home. The next day, she was rushed into emergency surgery due to a dangerous flesh-eating disease. She was then diagnosed with necrotizing fasciitis, which is an infection that results in the death of the body's soft tissue. Necrotizing fasciitis is a severe disease of sudden onset that spreads very quickly and usually enters the body through a break in the skin, such as a cut or burn. Unfortunately, the woman has had to go through multiple surgeries and has had her legs and arms amputated to prevent the spread of the infection. The woman remains mostly bedridden at the hospital several months later. She is now suing the hospital and the negligent doctors for not properly assessing her and for misdiagnosing her. She believes that if they had done their jobs properly when she first came in with symptoms, most of the damages could have been prevented and her limbs may have been spared from amputation.

Do GPS Systems Cause Car Accidents?

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Distracted driving is more than just texting while driving. Distracted driving can involve any type of behavior that keeps a driver's attention off driving, such as eating while driving, applying makeup while driving or using a phone app.

One technology that many drivers depend on is GPS.

Texting While Driving Verdict

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Many companies are adopting 100 percent cellphone bans when operating a company vehicle. This helps protect the driver, passengers, and other vehicles on the road from being involved in a collision. A lack of cellphone polices can create great anguish for all parties involved.

Big Pharma Gets Slammed with Big Lawsuits Over Opioid Crisis

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Counties, cities, and states across the country are suing the nation's largest pharmaceutical companies over their role in the opioid crisis. Most lawsuits are targeting drug manufacturing giants such as Johnson & Johnson, Purdue Pharma, Inc., and McKesson. According to many lawsuits, the companies failed to follow federal guidelines and "knowingly, recklessly, and/or negligently" released drugs such as OxyContin, Percocet, and Vicodin to suspicious physicians and pharmacies. Others assert that the ease of access to opioids is what allowed dangerous substances to be sold on the black market resulting in widespread addictions and even deaths across the United States. Many allege that the pharmaceutical companies engaged in fraudulent marketing in an attempt to hide the addictive nature of opioid drugs.

Distracted Driving Causes Man to Crash into Houston Firetruck

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On Thursday, October 27, at approximately 10 p.m. the driver of a Jeep vehicle crashed into the back of a Houston Fire Department truck on the East Freeway in Houston. The accident happened while the Houston firefighters were clearing a minor crash from the road.

Two Bicycle Riders Killed in Crashes

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While most were celebrating Thanksgiving and enjoying the holidays, friends and loved ones of two local cyclists were mourning their deaths.

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