Is the NHTSA Too Cozy with Automakers?

While the General Motors ignition switch recall has dominated recent automotive headlines, it has been far from the only major automaker to face recent massive legal challenges. Over 60 million vehicles were recalled in 2014, and the 80,000 complaints received was more than twice the previous record set in 2004. Each of the top 8

FAA Shifts Policy for Amazon, Allows Drone Delivery Tests

Amazon drone delivery took a step closer to becoming a reality on Thursday, March 19th, when the Federal Aviation Administration (FAA) softened its 2014 ruling on drone regulations that had essentially put delivery off-limits. The most recent ruling allows Amazon to test drones “for research and development and crew training.” The prior 2014 ruling allowed

Protected Speech in Play as Supreme Court Tackles Texas License Plate Battle

A Supreme Court hearing that began Monday regarding personalized Texas license plates will likely reignite the debate over protected speech and could potentially redefine the ways that governments collect revenue. Like many states, Texas offers drivers the opportunity to purchase specialty plates advertising causes or non-profit groups. Many groups pay the state to produce the

The ET-Plus Guardrail: When Safety Becomes Political

The Federal Highway Administration recently gave passing grades to the ET-Plus guardrail in four recent crash tests; however, both the agency and embattled manufacturer, Trinity Industries, are now facing an even higher degree of scrutiny. The ET-Plus passed despite the final test causing a sizeable gash in the driver’s side door, causing extensive damage to

Dual Measures Poised to Increase Asbestos Awareness

A bill introduced by Senator Dick Durbin (D-IL), coinciding with a massive national awareness campaign by the Environmental Working Group (EWG) Action Fund may soon put asbestos exposure near the forefront of American consciousness. The goal of the Reducing Exposure to Asbestos Database (READ) Act is to modernize the 1988 Asbestos Information Act, signed by

What is the Implied Warranty of Merchantability?

When you buy any product, you expect that it will do what it is supposed to do. While this seems like common sense it is also part of the law under the concept of an implied warranty in U.C.C §2-314. The law says that any goods delivered under an agreement made by a seller come

What is a warranty?

We all understand the idea of a promise, when you tell someone that you will do something you take on the responsibility to actually do it. You are bound to your words. Well, in Texas the warranty is much like a promise. If you buy a product from someone and they make a promise, it

DTPA: Recovery of Damages

Under the DTPA, a consumer may recover “economic” or “mental anguish” damages for acts that meet the definition of “deceptive trade practices”. Additional damages of up to two times the plaintiff’s economic damages may be awarded if the defendant’s conduct was committed knowingly. With the current statute, if the defendant acted knowingly the trier of

Texas Deceptive Trade Practices Act: An Overview

The Texas Deceptive Trade Practices Act was designed to protect consumers from being cheated. Courts have followed the mandate of section 17.44 to liberally interpret the DTPA consistent with its stated purpose, which was to “protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and