Author: David J. Baluk

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The Fifth Circuit Holds that a Manufacturer’s Transfer of a Vehicle to a Dealer is a “Sale of the Product” that Triggers the Statute of Repose

The Texas Civil Practice and Remedies Code indicates that “a claimant must commence a products liability action against a manufacturer or seller of a product before the end of 15 years after the date of the sale of the product by the defendant.”  See Tex. Civ. Prac. & Rem. Code §16.012(b).  This is known as…

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Lawsuits Follow Recalls as CPAP Devices Linked to Cancer

Philips, a multinational medical equipment company, recently recalled several bi-level positive airway pressure (bi-level PAP), continuous positive airway pressure (CPAP), and mechanical ventilator devices due to potential health risks related to the sound abatement of the foam used in these devices. Tests revealed that the foam was susceptible to degrading into particles and entering the…

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Think Before You Issue That Press Release: Texas Supreme Court Rules Attorneys Can Be Sued for Libel Regarding Their Press Releases

High-profile attorneys in Houston, and throughout the State of Texas, routinely issue headline-grabbing press releases about their lawsuits. The scene is oft-repeated: the attorney, flanked by his clients, holds a press conference to discuss the allegations, which is followed soon thereafter by an official press release to the local media. Recently, the Texas Supreme Court…

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