Category Archives: Political and/or Judicial

Big Business Finds Friends on U.S. Supreme Court


The New York Times tells us what most lawyers already know — that the Supreme Court of the United States is very “business-friendly.” Not as much so as the Texas Supreme Court, but that would be a hard record to match.
Please read the article; you may be surprised at the influence big business has on [...]

Senate Food-Safety Bill Strengthens FDA Authority


The Washington Post (12/20, Layton) reports, “A bill that would overhaul the nation’s food-safety laws for the first time since the Great Depression came roaring back to life Sunday as Senate Democrats struck a deal with Republicans that helped overcome a technical mistake made three weeks ago and a filibuster threat that seemed likely to [...]

Allstate Will Increase Insurance Rates Next Month for Texas Homeowners


I have written many, many times, here and elsewhere, about the ridiculous homeowners insurance system we have in Texas. For years Texas has had the highest homeowners premiums in the nation, surpassed for a brief time only by hurricane-prone Florida recently. In Texas, insurance companies can charge whatever they want, without asking permission from the [...]

Victory for Texas Consumers in Health Insurance Rule Change


In an important and increasingly rare victory for Texas consumers, the Insurance Commisioner, Mike Geeslin, has declared that insurance companies can no longer use “discretionary clauses” in certain policies. This new rule will apply to life, disability, and health insurance, but not to automobile liability insurance.
A discretionary clause essentially gives an insurance company the right [...]

Texas Among Worst States at Preventing Drunken Driving Fatalities


Texas ranks among the 10 states that have done the least to prevent alcohol-related traffic fatalities. Most personal injury lawyers have known that for a long time, but the National Transportation Safety Board made it official in a report released recently. The Dallas Morning News published a good article on this subject.
This has been a [...]

Texas Legislature Must Cut Homeowners Insurance Costs


I’ve written about the ridiculously high cost of homeowners insurance in Texas many times, most recently this November 18. Now the Beaumont Enterprise has published an editorial on this subject, and I completely agree with the newspaper. Here are excerpts:
When the Legislature convenes in January, it has to do more than agree with fed-up consumers [...]

Political Rhetoric Harms Perception and Future of Texas Medicaid Programs


A recent article about Medicaid in the Houston Chronicle repeated some of the political musings of Governor Rick Perry and other politicians. For anyone with even a basic knowledge of Medicaid, the suggestion that Texas could simply “opt-out” is ridiculous.
Of course that doesn’t stop politicians from proposing it, and thereby frightening the poor, the elderly, [...]

High Court Considers State Lawsuits Against Vaccine Manufacturers


The AP (10/13, Sherman) reports, “The Supreme Court is trying to sort out whether drug companies can be sued for claims of serious side effects from childhood vaccines without driving vaccine makers from the market and risking a public health crisis.” The Justices “heard arguments Tuesday in an appeal filed by Pittsburgh-area parents who want [...]

Need to Get Into the Texas Capitol Fast? Carry a Gun!


Only in Texas could this story be true.
Not long ago there was a scare at the State Capitol in Austin when a man fired several shots into the air outside the Capitol building after visiting his senator. The rather logical reaction to this was the installation last month of metal detectors at the Capitol — [...]

Featured Link – Money and Politics


MAPLight.org is all about the influence of money in politics today. That’s a connection I find frightening and disgusting. The site’s subhead is Connect the Dots Between Money and Votes. That pretty much says it all, and there’s a lot of good information here. Check it out if you wonder why politicians vote for or [...]

Graduated Driver Licenses for Teenagers


Graduated driver licenses (GDL) are ones that confer greater freedoms on drivers as they age through their teen years. Texas has graduated drivers licenses now.
An act pending before Congress would compel all states to adopt fairly strict standards for graduated driver licenses, stricter than the current standards in Texas. The rest of this post is [...]

Auto Safety Overhaul Introduced in Senate


The AP (5/5, Thomas) reports that the Senate Commerce Committee “proposed a major overhaul to the nation’s auto safety requirements” that “would force car companies to meet new safety standards and face stiff penalties for failing to report defects,” just a week after a similar bill was released by the House Energy and Commerce Committee, “underscoring [...]

Proposed Bill Aims to Close ‘Revolving Door’ Between Automakers and NHTSA


For years there has been an unhealthy and, in my opinion, unethical “revolving door” between government agencies and the industries they supposedly regulate. The perception is that the regulators go easy on the industries, hoping to land fat contracts with the industries when the bureaucrats leave government service. It’s a great temptation, and surely hard [...]

Defective Medical Devices Are Costing Taxpayers Billions Because of Supreme Court Ruling


Here is an editorial opinion from Anthony Tarricone, president of the American Association for Justice:
Faulty medical devices are costing taxpayers billions of dollars that should be paid by the manufacturer, but because of the complete immunity status device manufacturers enjoy from a Supreme Court decision, taxpayers are left with the bill.
One such example is Medtronic’s [...]

NHTSA Seeking Record Fine for Sticky Toyota Gas Pedals


Here’s a roundup of stories relating to the news that the National Highway Traffic Safety Administration is trying to fine Toyota a maximum $16.4 million for failing to report accelerator problems in a timely manner. This is from the American Association for Justice news release.
The announcement that NHTSA will seek the maximum possible penalty from [...]

The Tort Reform Crowd Thinks This Was A Frivolous Lawsuit


This was the headline of a recent post on the excellent Boston Personal Injury Blog, written by Massachusetts attorney Alan H. Crede. With Alan’s permission, I am reprinting his post here:

Reading the tort reform blog Pointoflaw.com, I came across a link captioned: “‘Ford failed to warn seating unsafe for obese persons’ suit fails.” Sounds pretty frivolous, [...]

Clay Jenkins Recommended for Dallas County Judge by Dallas Morning News


Attorney Clay Jenkins has again been recommended in an editorial by the Dallas Morning News for the position of Dallas County Judge. In the primary election Mr. Jenkins was also endorsed by the Dallas Morning News and he came within 85 votes of winning outright, without a runoff election. Now in the runoff, he has [...]

No Settlement in $58,000,000 Judgment Against Homebuilder Bob Perry


The seemingly endless lawsuit between two homeowners and their builder will continue, now that post-verdict mediation has failed. An article in the New York Times reports that settlement discussions have broken down between Robert and Jane Cull, and Perry Homes. This is a very long tale to tell, and I won’t repeat it here, but [...]

Featured Link – Consumers Guide to the Health Reform Bill


This summary of the health care reform bill passed by the House yesterday is very readable. I can’t vouch for the accuracy of all the information here, but I didn’t notice any glaring errors. It’s a good starting point for those who want more information about the effect on them of this historic legislation. The [...]

Texas Homebuilder Bob Perry Ordered to Pay $51 Million for Defective House


A Tarrant County jury this week has delivered a devastating blow to homebuilder Bob Perry by awarding $51 million to a couple who sued Perry because of their defective house. The back-story to this case is quite lengthy, but the bottom line is that it has been drug out for a decade, and has already [...]