So you have been hurt by a defective product, it may seem odd but it is not just the defective product that will examined thoroughly, your actions can come under sudden scrutiny as well. How were you using the product? Were you doing what an ordinary person would do? Strict liability is a doctrine which
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
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
The opinion in Sutherland v. DCC Litigation Center, issued by the Sixth Circuit is a must-read, dealing with issues of choice of law as affected by both tort and bankruptcy law, across decades and multiple courts. At the heart of this litigation is a case by a woman who sustained injuries after receiving breast implants
Today, reports were published indicating that United States Army Sgt. Bowe Bergdahl will be charged with desertion. Last year, Sgt. Bergdahl was returned to the United States after five years’ captivity at the hands of Taliban forces in Afghanistan in a prisoner swap for five top Taliban operatives. Formal charges may come down in as
Today, scientists at the NOAA and NASA announced that 2014 was the warmest year since (at least) 1880, the year we started keeping records. Will this get climate change deniers to warm up to the necessity of alternative energy sources? Not a chance! [Check out more detail on Huffington Post.] The New York Times wrote: “‘Obviously,
Recently, a Legal Reader reader wrote to us and asked, “Is it illegal to fake one’s death?” That’s a great question, and I’ve actually wondered about it myself. Here, I’ll explain what I learned about faking one’s death after a bit of research. Short Answer: No. Faking one’s death (pseudocide) is not illegal. Longer Answer:Pseudocide
According to The Hill and other political news outlet, the US Federal Communications Commission will vote in February whether it will “preempt two state laws restricting cities from building municipally owned high-speed Internet networks”. In Iowa today, President Obama will launch a campaign to make high speed internet access more widely available. “As part of
Today, the United States House of Representatives passed a spending bill that would block President Obama’s action on immigration by altering funding for the Department of Homeland Security, the body overseeing immigration. Reuters reported today that the House vote to block funding for DHS “sets up a potential showdown in coming weeks over funding for
Today, the Toronto Star reported the proposed Keystone XL pipeline has surmounted yet another obstacle blocking its construction. This proposed pipeline would connect Canadian oil infrastructure with American refineries in Texas, creating an oddly unknown number of jobs – Republicans say the project will create ten times more jobs than Democrats report; the two camps