On Monday, May 23, 2022, California Governor Gavin Newsom signed California Assembly Bill 35 into law, which raised the non-economic damages cap that plaintiffs may receive in medical malpractice cases. In doing so, it was the first increase in the non-economic damages cap in medical malpractice cases since the California Legislature first enacted a cap…
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In Texas, a landowning defendant sued under a premises liability theory of negligence is afforded a particularly stalwart affirmative defense pursuant to Texas Civil Practice and Remedies Code Chapter 95. Referred to commonly as simply “Chapter 95,” it “applies to a claim, counterclaim, cross-claim, or third-party claim (1) for damages caused by negligence resulting in…
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On March 22, 2022, U.S. District Judge Kenneth Hoyt of the Southern District of Texas harshly ruled that Formosa Plastics’ excuses for skirting a $50 million consent decree because of the dumping of billions of plastic pellets in the Gulf of Mexico “fail[ed] on all counts.” In the face of this wanton pollution, corporate plastics…
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In the Texas Supreme Court’s recent opinion of Monroe Gaur. Ins. Co. v. BITCO Gen. Ins. Co., Texas’ longstanding “eight-corners” rule was modified to permit the admission of extrinsic evidence under narrowly defined circumstances. See __ S.W.3d __, 2022 WL 413940 at *8. Predictably, the net effect of this opinion on Texas’ litigation landscape has…
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In Texas, all vehicles registered in the State must be insured to lawfully access State roadways. As a part of that requirement, Texas has codified default protections for Texas drivers, which includes “personal injury protection” or “PIP” insurance. PIP insurance, which is also referred to as “no-fault” insurance applies to all passengers in an insured…
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On December 16, 2021, families of those who lost their lives in the two MAX 8 crashes protested to the U.S. Justice Department that despite a massive $2.5 billion settlement, Boeing had not been punished enough for their calculated exchange of human lives for profit. The families argued that Boeing had “lied and violated [the…
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On December 20, 2021, a Brazos County Resident filed a lawsuit in Brazos County District Court against Watson Signs and Monuments, LLC after her young son’s finger was crushed by a toppling tombstone, pinning him by his finger. The Plaintiff was shopping at the business with her family, there to purchase a headstone for her…
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On November 5, 2021, during Travis Scott’s Astroworld Festival in Houston, Texas, a surging and overpacked crowd was sent into a frenzy, causing hundreds to be injured and killing at least ten. After early investigation, it appeared that a significant number of the injuries were caused by trampling and crushing from overcrowded conditions. The scope…
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