A federal court jury in Lafayette, Louisiana found that the manufacturers of the diabetes drug, Actos, failed to warn users that Actos could cause bladder cancer. The suit was brought by Terrence Allen, who began taking Actos in 2006 to treat his Type 2 diabetes. He was diagnosed with bladder cancer in 2011. Six months later, […]
“The rich are not like you and me.” — F. Scott Fitzgerald As a trial lawyer, I need to be able to predict which jurors will treat my clients fairly and which ones will not. Our country is becoming more polarized. There are fewer middle class jurors, more wealthy jurors, and many more poor jurors. […]
Richard LaGarde attended the Mass Torts Made Perfect Conference in Las Vegas to learn more about drug and medical device lawsuits that may impact his clients in Texas, Louisiana, and Florida. Speakers at the conference presented the latest scientific and legal updates for mass tort lawsuits across the country including: Pelvic Mesh Litigation: Pradaxa; Lipitor; Depakote; […]
A 35 year old Jefferson County school teacher settled her Texas truck accident lawsuit against a tractor-trailer driver and his employer for $725,000. The teacher alleged she was driving to work when an 18-wheeler swerved into her lane and crushed her car against the concrete barrier. The teacher suffered herniated cervical disc injuries at C4-5 […]
The Jones Act Prior to 1920, seamen were not permitted to sue their employers for injuries suffered on the job. The Jones Act was passed by Congress to allow workers to sue their employers, as well as ship owners and the owners of other offshore vessels such as jack-up and semi-submersible drilling rigs. A worker […]
A study by Methodist Hospital in Houston has linked acid reflux drugs known as proton pump inhibitors (PPIs) to heart disease. Researchers found that PPIs can cause blood vessels to constrict, which over time can cause hypertension and can weaken the heart. Popular PPI drugs include Prilosec, Prevacid, and Nexium. Details of the study can […]
The innocent party can often recover the cost of its attorney fees spent trying to enforce the contract. In Texas, section 38.001 of the Civil Practice and Remedies Code allows for the recovery of lawyer’s fees spent to enforce an oral or written contract. And in many jurisdictions, including Texas, attorney’s fees can be recovered […]
“Breach of contract” simply means that one party to the agreement (or both) , without a legally-recognized excuse, broke the agreement in some way, refused to recognize the agreement, or acted in a way inconsistent with the existence of the agreement. Not all breaches are the same or entitle the innocent party to the same […]
Parties to a contract often disagree over the meaning of a contract or one of its terms. When this occurs in the context of a legal dispute, the court often determines the contract’s meaning. The intent of the parties—to the extent it can be ascertained from the contract—determines the meaning of a contract. A court’s […]
As a general rule, all contracts, even oral contracts, can be enforced in a court of law. However, as with every general rule, there are exceptions. Some contracts are considered too important to be left to swearing matches in court. Most states, including Texas, have enacted a Statute of Frauds that require certain types of […]