U.S. District Judge Lee Yeakel entered a consent decree of permanent injunction on March 10, 2015 between the United States and Specialty Compounding LLC, of Cedar Park, Texas, a compounding manufacturer who previously had drugs it manufactured recalled for potential contamination. Specialty Compounding manufactured purportedly sterile injectable drug products that tested positive for bacterial contamination.
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
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
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